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THE  LIBRARY 

OF 

THE  UNIVERSITY 

OF  CALIFORNIA 

RIVERSIDE 

GIFT  OF 

J.   Clarke  Johnston 


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..     OPINIONS  * 

From  the  Hon.  Archibald  Randall,  Judge  of  the  District  Courrof  the  United  States,  for 
the  Eastern  District  of  Pennsylvania. 

Philadelphia,  April  16,  1845. 
Gentlemzdt  :  I  have  examined  the  sheets  of  "  Dunlap's  Conveyancing  and  Forms'" 
submitted  to  me,  and  have  no  hesitation  in  recommending  it  as  superior  to  any  work  of 
the  kind  now  in  use  here.  The  number  of  useful  forms  not  heretofore  in  print,  and 
their  admirable  arrangement,  will  render  it  invaluable  to  the  profession,  and  very  useful 
to  the  citizen  engaged  in  other  pursuits.  Very  respectfully,  yours,  &c. 

Messrs.  E.  C.  &  J.  Biddle.  ARCHD.  RANDALL. 

From  the  Hon.  Edward  King,  President  Judge  of  the  First  Judicial  District  of  Penn- 
sylvania, composed  of  the  city  and  county  of  Philadelphia. 

Philadelphia,  March  27,  1845. 
Deaji  Sirs  :  The  examination  I  have  given  to  "  Dunlap's  Conveyancing  and  Forms," 
enables  me  to  say  with  entire  conviction,  that  it  is  one  of  the  best  books  of  its  kind. 
It  will  be  found  equally  advantageous  to  the  citizen  as  well  as  the  professional  man  ; 
being  replete  with  useful  practical  forms,  calculated  to  aid  all  in  transacting  business, 
with  legal  accuracy  and  precision.  Very  respectfully,  &c. 

Messrs.  E.  C.  &  J.  Bidple.  EDWARD  KING. 

From  the  Hon.  Ellis  Lewis,  President  Judge  of  the  Second  Judicial  District  of  Pennsyl- 
vania, composed  of  the  county  of  iMncaster. 

Lancaster,  January  8,  1845. 

Dear  Sirs  :  I  have  examined  the  manuscript  copy  of  "  Dunlap's  Conveyancing  and 
Forms,"  and  am  truly  rejoiced  to  perceive  that  the  legal  profession,  and  the  business 
community  are  about  to  be  presented  with  a  work  of  so  much  value.  The  many 
changes  made  in  the  legislation  of  the  State,  and  our  increasing  business  in  the  Or- 
phans' Court,  have  rendered  such  a  work  highly  necessary.  From  the  examination  I 
have  made,  and  from  the  high  character  for  ability,  of  Mr.  Dunlap,  I  can  cordially  re- 
commend the  work  to  the  profession  and  to  the  public.  Yours  truly, 

Messrs.  E.  C.  &  J.  Biddle.  I^LLIS  LEWIS. 

From  the  Hon.  John  Banks,  President  Judge  of  the  Third  Judicial  District  of  Pennsyl- 
vania, composed  of  the  counties  of  Berks,  Northampton  and  I^high. 

Reading,  March  31,  1845. 

Gepttlemen  :  I  have  examined  a  large  portion  of  the  Forms  prepared  for  publication 
by  James  D.  Dunlap,  Esq.,  and  approve  of  the  same.  They  have  been  prepared  with 
care,  and  accommodated,  with  accuracy,  to  the  various  changes  which  have  been 
recently  made  in  our  acts  of  Assembly.  When  published,  they  will  be  of  great  value 
to  the  legal  profession,  the  Clerks  of  our  various  Courts,  Justices  of  the  Peace  and 
Scriveners.  JOHN  BANKS. 

Messrs.  E.  C.  &  J.  Biddle. 

From  the  Hon.  Gaylord  Church,  President  Judge  of  the  Sixth  Judicial  District  of  Penn- 
sylvania, composed  of  the  counties  of  Erie,  Crawford,  Venango  and  Warren. 

Meadville,  Pa.,  Dec.  27,  1844. 

Gentlemen:  Having  perused  the  manuscript  of  "Dunlap's  Conveyancing  and 
Forms,"  I  feel  confident  the  work  will  fully  answer  the  character  claimed  for  it  by  the 
author.  The  many  recent  changes  in  our  Statute  Laws  seem  to  render  it  necessary  to 
vary  somewhat  many  of  the  forms  of  practice  heretofore  used,  and  I  think  this  work 
will  in  a  degree  meet  the  exigency. 

I  most  cheerfully  recommend  it  to  the  Profession  and  the  business  community  gene- 
rally. Very  respectfully, .yours,  &c. 

Messrs.  E.  C.  &  J.  Biddle.  GAYLORD  CHURCH. 

From  the  Hon.  Samuel  Hepburn,  President  Judge  of  the  Ninth  Judicial  District  of  Penn- 
sylvania, composed  of  the  counties  of  Cumberland,  Perry  and  Juniata. 

Carlisle,  March  30,  1845. 
Gentlemin  :  From  the  examination  which  I  have  been  enabled  to  make  of  the 
number  of  sheets,  which  you  have  already  published,  of  "  Dunlap's  Conveyancing  and 
Forms,"  I  should  consider  the  work  one  of  great  practical  utility;  and  coming  from 
the  hand  of  its  able  and  accomplished  author,  I  feel  no  hesitation  in  recommending  it 
to  the  business  community  generally,  as  a  book  calculated  to  facilitate  their  labours  in 
all  the  branches  within  the  scope  of  the  author's  design. 

Very  respectfully,  yours,  &c.,  SAMUEL  HEPBURN. 

Messrs.  E.  C.  &  J.  Biddle. 


^pmc^^'^m!^ 


From  the  Hon.  Nathaniel  B.  Eldred,  President  Judge  of  the  Twelfth  Judicial  District  of 
Pennsylvania,  composed  of  the  counties  of  Dauphin  and  Lebanon. 

^  Harrisburg,  Dec.  21,  1844. 

I  have  examined  the  manuscript  of  "  Dunlap's  Conveyancing  and  Forms."     I  believe 
it  to  be  a  useful  and  convenient  work,  and  as  such  recommend  it  to  the  favourable 
notice  of  the  Profession  and  the  public  generally. 
Messrs.  E.  C.  &  J.  Biddle.  NATHANIEL  B.  ELDRED. 

From  the  Hon.  John  N.  Conyngham,  President  Judge  of  the  Thirteenth  Judicial  District 
of  Pennsylvania,  composed  of  the  counties  of  Susquehanna,  Bra^ord  and  Tioga. 

Harrisburg,  March  12,  1845. 

Geittlemen  :  I  have  had  an  opportunity  of  examining  some  of  the  manuscript  in- 
tended for  the  Book  of  Legal  Forms  and  Precedents  now  being  prepared  by  James  D. 
Dunlap,  Esq.,  of  Erie  county,  and  from  what  I  have  seen  of  the  proposed  contents, 
and  understood  of  the  plan,  I  am  satisfied,  that  the  work  will  be  valuable  as  well  to 
the  profession  as  other  business  members  of  society. 

Mr.  Dunlap  has  the  reputation  of  being  an  accurate  and  careful  lawyer,  knowing  the 
wants,  in  this  respect,  of  the  profession  and  also  the  community  at  large,  and  knowing 
too,  that  much  litigation  and  trouble  are  occasioned  by  the  careless  following  of  ill  pre- 
pared forms ;  and  it  is  believed  his  book  will  be  an  important  assistant  in  endeavouring 
to  remove  these  difficulties.  Respectfully,  yours,  &c. 

Messrs.  E.  C.  &  J.  Biddle.  JOHN  N.  CONYNGHAM. 

From  the  Hon.  James  Thompson,  President  Judge  of  the  District  Court,  composed  of  the 
counties  of  Erie,  Crawford  and  Mercer,  Pa. 

Erie,  Dec.  30,  1844. 
Dear  Sihs  :  I  have  examined  the  manuscripts  of  Forms  collated  by  James  D.  Dunlap, 
Esq.,  of  Erie,  for  his  Form  Book,  and  think  the  plan  of  the  work,  the  number  and 
variety  of  the  precedents  designed  to  be  contained  in  it,  and  the  arrangement  generally 
will  make  the  work  a  desirable  book  for  the  business  community,  as  well  as  useful  and 
convenient  to  gentlemen  of  the  legal  profession.  Yours  truly, 

Messrs.  E.  C.  &  J.  Biddle.  JAMES  THOMPSON. 

From  the  Hon.  Alexander  L.  Hayes,  President  Judge  of  the  District  Court  for  the  city 
arid  county  of  Lancaster,  Pa. 

Lancaster,  April  5,  1845. 

Gentlemen:  Having  examined  the  proof  sheets  of  the  greater  portion  of  "  Dunlap's  .%• 

Conveyancing  and  Forms,"  I  believe  this  work  will  furnish  the  public  with  a  very 
desirable  guide  in  the  transaction  of  business.  Its  importance  must  be  obvious 
to  all  who  are  conversant  with  courts  of  justice,  and  know  how  much  of  the  liti- 
gation with  which  they  are  occupied,  arises  from  ill -prepared  writings.  Many  per- 
sons unaware  of  the  difference  between  formalities  and  forms,  treat  both  with  equal 
neglect,  without  reflecting  that  the  latter  afford  in  general  the  best  preservative  of  the  ,^ 

life  and  substance  of  business ;  the  bark  being  hardly  more  essential  to  the  existence 
of  the  tree,  than  are  forms  of  contracts  and  proceedings  to  the  full  and  faithful  ex- 
pression of  the  meaning  of  parties.  Hence  the  disastrous  mistakes  so  often  observed 
in  last  wills,  deeds,  written  agreements  and  other  instruments,  drawn  by  unskilful 
hands,  without  the  aid  of  precedents.     Such  evils  the  work   of  Mr.  Dunlap  is  well  j^ 

adapted  to  prevent,  being  judiciously  planned,  and,  so  far  as  I  have  examined  it,  exe-  'Ji 

cuted  with  judgment  and  ability.     It  will  doubtless  prove  most  useful  to  the  commu-  '^ 

nity  at  large,  and  be  of  no  little  assistance  to  the  legal  profession.     A  wide  circulation  ^ 

is  therefore  much  to  be  wished ;  and  this  I  am  glad  to  learn  you  have  provided  for  by  n 
large  edition  and  a  moderate  price.  Respectfully  your  obt.  servt., 

Messrs.  E.  C.  &  J.  Biddle.  A.  L.  HAYES. 

From  the  Hon,  John  Reed,  LL.D.,  Professor  of  Law  in  Dickinson  College,  and  author 
of  "The  Pennsylvania  Blackstone." 

-,  Car/is/e,Mircfi  29,' 1845. 
Gentlejteh:  I  have  had  an  opportunity  of  examining  the  proof-sheets  of  «  Dunlap's 
Conveyancing  and  Forms,"  which  you  are  about  to  publish.  I  commend  the  book  cor- 
dially to  practising  Lawyers,  Scriveners,  and  every  one  who-may  have  occasion  to  pre- 
pare for  himself,  or  for  others,  writings  in  any  way  affecting  property.  The  collection 
is  copious,  and  well  arranged.  If  properly  consulted,  it  may  avoid  thousands  of  law^ 
suits  which  grow  out  of  instruments  of  writing,  unskilfully  and  inartificially  drawn. 
The  book  should  be  widely  diffused  through  the  community. 

Very  respectfully  your  obt.  servt., 
Messrs.  E.  C.  &  J.  Biddle.  JOBN  REED. 


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i 


4- 


A  BOOK  of 'FORMS: 


CONTAIKIWG 


^  600  OF  THE  MOST  APPROVED 

PRECEDENTS  FOR  CONVEYANCING, 

AND 

FOR  PEACTICE  IN  THE  COUHTS 

.       OF  THE  COMMONWEALTH : 

ALSO, 

FOR  USE  IN  PUBLIC  OFFICES  AND  FOR  MEN  OF  BUSINESS 
GENERALLY. 

0  ADAPTED 

TO  THE  PRESENT  ACTS  0F  ASSEMBLY. 

WITH 

EXPLANATORY  NOTES  AND  REFERENCES, 

AND 

A  GLOSSARY  OF  TECHNICAL  LAW  TERMS. 

BY  JAMES  D.  DUNLAP, 

COUNSELLOR  AT  LAW,  ETC.  ETC. 


PHILADELPHIA: 

E.  C.  &  J.  BIDDLE,  NO.  6  SOUTH  FIFTH  STREET. 

1845. 


/(^?^/^4t^ 


.  D^f 


^ 


Entered  according  to  the  Act  of  Congress,  in  the  year  1845, 
Bt  E.  C.  &  J.  BIDDLE, 
in  the  Office  of  the  Clerk  of  the  District  Court  for  the  Eastern  District  of  ^ 
Pennsylvania. 


't 


FHILADELFBIA : 

T.  K.  i    P.  G.  COLLINS, 

PRINTERS. 


PEEFACE. 


The  facility  afforded  for  the  despatch  of  business,  to  those  en- 
gaged in  the  practice  of  the  law,  or  in  conveyancing,  by  the  pos- 
session of  a  hand-book  of  forms,  and  the  importance  to  all  business 
men,  of  an  acquaintance  with  the  forms  by  which  the  various 
transactions  connected  with  their  several  pursuits  may  be  safely 
and  correctly  conducted,  prompted  the  compiler  of  this  book  to 
its  preparation,  in  the  belief  that  it  would  meet  the  wants  of  the 
classes  referred  to. 

Several  valuable  works  on  Forms,  to  which  the  compiler  of  this 
volume  is  considerably  indebted,  have  issued  from  the  press ;  but 
these  are  generally  too  expensive  and  not  sufficiently  plain  for 
business  men  not  of  the  legal  profession.  Other  works  on  the 
same  subject,  and  of  a  very  useful  character,  but  containing  too 
small  a  number  of  precedents,  and  these  too  limited  in  variety, 
fully  to  supply  the  wants  of  the  community,  have  been  published. 
This  collection  of  forms,  it  is  believed,  will  be  found  to  combine 
copiousness  and  variety  with  perspicuity,  and  its  cost  to  be  within 
the  means  of  most  persons  desiring  its  aid. 

The  position  of  the  compiler  as  a  member  of  the  legal  profes- 
sion, and  for  several  years  past,  of  the  legislature  of  this  common- 
wealth, has  made  him  familiar  with  the  changes  in  the  statute 
laws  to  which  the  forms  in  this  work  are  accommodated,  as  also 
with  the  practice  in  the  various  public  offices,  and  it  is  presumed, 
will  be  considered  a  sufficient  guarantee  for  its  correctness. 

In  preparing  it  for  the  press,  it  has  been  the  especial  design  and 
aim  of  the  compiler  to  make  it  plain  and  practical. 

The  precedents  are  such  as  lawyers  and  the  various  other  classes 
of  business  men  usually  need.  Forms  for  writs  have  not  been 
inserted,  as  officers  generally  have  printed  blanks  for  them.  Some 
of  the  forms  contained  in  this  work  are  to  be  met  with  in  none 
other.     Those  for  practice  in  Admiralty  Courts,  contained  in  an 


Vi  PREFACE. 

Appendix,  are  to  be  found  elsewhere  only  in  works  devoted  ex- 
clusively to  that  subject. 

Most  of  the  precedents  are  drawn  in  full,  this  being  more  con- 
venient for  the  lawyer,  and  more  easily  understood  by  others, 
than  the  plan  of  referring  to  several  parts  of  forms  to  complete 
one. 

Remarks  generally  accompany  each  class  of  forms,  explanatory 
of  their  use  and  manner  of  application,  and  notes  are  frequently 
added,  to  make  plain  that  which  may  be  intricate.  In  addition 
to  these  remarks  and  notes,  references  to  the  various  Acts  of 
Assembly  are  made,  and  the  decisions  of  the  Supreme  Court  and 
other  authorities  given.  A  glossary  of  Technical  Law  Terms 
is  appended,  and  reference  to  any  particular  form  made  -easy  by 
means  of  a  copious  index. 

Trusting  that  this  volume  may  be  found  well  adapted  to  the 
purposes  for  which  designed,  and  that  it  may  promote  care  in 
the  transaction  of  business,  and  tend  to  the  prevention  of  litiga- 
tion and  losses,  which  so  frequently  arise  from  incorrectness  in  the 
form  of  instruments  of  writing,  or  from  the  want  of  written  con- 
tracts,— the  compiler  submits  it  to  the  examination  of  the  public. 

Ebic,  January  let,  1845. 


INDEX. 


ACCOTTNT.  » 

■  of  Administrators  -----.-26 

• of  Executors  -•-  .  -  .  .  -26 

. of  Guardians  -.-....27 

j|  •  ACKNOWLEDGMEXTS.  > 

3^-  fc  Remarks  on  -  -  -  .      '     .  .  .  -        28 


of  a  Deed,  «&c.,  by  one  person         -            -            -            -            -  29 

by  Husband  and  Wife         ......  29 

by  virtue  of  a  Letter  of  Attorney      -            -            ...  31 

•                of  Sheriff's  Deed     -..--.-  31 

by  a  Corporation      -------32 

by  Special  Partners              -            -            .            .            .            -  32 

of  a  writing  in  English,  with  a  copy  in  another  language  -            -  33 

for  Affidavits,  where  a  deed  has  not  been  acknowledged,  &c. 

See  Affidavits. 
of  a  Trustee  selling  a  trust  estate,  and  also  the  acknowledg- 
ment of  the  one  for  whose  use  the  same  was  sold           -            .  162 
AcatriTTAxcE. 
j^                           Remarks  on  Acquittances    .            -       ^    .            .            _            -  33 

*                for  money  received  on  a  sale           -            .            -            .            -  33 

for  money  received  in  part  of  a  bond          -            .            -            -  34 


for  interest  due  on  a  bond   ..----        34 

Affidavits  aitd  Oaths. 

Remarks  on  -  -  -  .  .  .  -  -        34 

Afibavit  where  the  debt  or  damages  exceed  100  dollars   -  -  -        34 

to  an  Account  -....-.35 

to  a  Petition,  &c.      -  .  --  -  .  -35 

on  an  Appeal  from  an  award  of  Arbitrators  -  -  -        35 

of  Defence  ---.-...36 

of  the  service  of  Notices,  &c.         -  -  -  -  -        36 

■  of  Administrators,  Executors  or  Guardian  to  a  final  account        -        36 

of  an  Alien  on  Petition  to  become  a  citizen  -  -  -        37 

• of  a  Citizen  on  the  application  of  an  alien  -  -  -        37 

-^— —  where  a  witness  to  a  deed  is  deceased  or  absent    -  -  -        37 

where  a  deed  has  not  been  acknowledged,  but  proved  by  a 

subscribing  witness  -_-...        30 

of  another  form,  where  a  deed  has  not  been  acknowledged, 

&c.  ........        30 

of  a  Partner  under  limited  partnerchip  law  .  -  -        38 

to  sustain  a  Writ  of  Certiorari       -  -  -  -  -        38 

■ on  an  appeal  from  the  Orphans'  Court  to  the  Supreme  Court        -        38 

of  the  publication  of  notice  -  -  -  -  -        38 

by  wife,  in  action  by  husband  and  wife  for  work  by  her  be- 
fore marriage        ----..-39 

to  support  a  Writ  of  domestic  attachment  -  -  -  -        39 

on  an  appeal  -  -  -  .  .  -        39 


viii  INDEX. 

PACK 

Affidavit  by  executor  or  administrator  of  his  cause  of  action    -  -        40 

and  certificate  for  land  settled  on    -  -  -  -  -     -  70 

and  certificate  for  land  improved  but  not  settled     -  -  -        70 

and  certificate  for  unimproved  lands  -  -  -  -        71 

of  applicant  for  lands  prior  to  the  last  purchase  of  1784, 

(under  the  Act  of  13th  April,  1807)         -  ...  -        71 

of  witness  to  an  agreement  to  arbitrate      -  -  -  -        78 

of  appraisers  of  a  decedent's  estate  .  -  .  .      182 

by  administratrix  to  petition,  inventory,  and  debts  on  applica- 
tion to  court  to  sell  Real  Estate    -  -  -  -  -      255 

to  petition  for  divorce  -  -  -  -  -  -      276 

Oath  by  kissing  the  book    --...--40 

of  a  witness  on  a  trial         ......        40 

of  voir  dire   -....---40 

by  lifting  up  the  right  hand  -  -  -  -  -        40 

by  aflirmation  .....--40 

of  foreman  of  a  grand  jury  -  -  .  -  -        41 

of  the  other  grand  jurors     ......        41 

■  of  traverse  jury  in  the  civil  courts  .  .  -  -  -        41 
— —  of  traverse  jury  in  the  criminal  courts        -            -            -  .41 

— of  referees  under  the  Act  of  1810    -  -  -  -  -        41 

of  referees  in  trespass         ......        41 

of  referees  in  trover  and  conversion  -  -  -  -        42 

of  jurors  in  proceedings  to  recover  possession  after  sale  by 

sherifi"        ........        42 

of  claimant  of  land  sold  by  sheriff,  in  proceedings  to  deliver. 

possession  under  the  Act  of  16th  June,  1836       -  -  .42 

of  jurors  under  landlord  and  tenant  Act  of  1825    -  -  .42 

——  of  inquest  in  Partition  in  the  Common  Pleas  -  -  .42 

-^—  of  inquest  on  real  estate  under  execution  -  -  -  -        43 

'  of  inquest  on  Writ  of  Inquiry         -  -  -  -  -        43 

of  inquest  on  Writ  of  Liberari  Facias        -  -  -  -43 

of  Arbitrators  .  .  .-  -  -  -43 

of  Executors  or  Administrators       .  -  -  -  -        43 

of  Constable  attending  upon  a  jury  -  -  -  -        44 

of  a  witness  to  a  grand  jury  -  .  -  .  .44 

of  an  Attorney  at  Law  on  his  admission  to  the  bar  .  -        44 

of  Clerk  of  Markets  -  -  -^,         .  -  .44 

of  Constable  .  .  -  .  .  -  .44 

of  Overseers  of  the  Poor     ......        45 

of  appraising  of  goods  distrained  for  rent  -  -  •  -45 

——  of  Deputy  Surveyor  ......        45 

of  !^otary  Public      .......45 

of  Sheriff  and  County  Commissioners  before  the  selection  of 

jurors         .  .  .  -  -  -.  -45 

AeREEXEXTS  AND  CONTRACTS. 

Remarks  upon  .  -  •  -  •  -*-46 

for  the  sale  of  land  -  -  -  ■;  -.  .  -        46 

in  another  form  for  sale  of  land      .  -  .   ^       .  -        47 

also  in  another  form  for  sale  of  land  .  -  -  -        4g 

——  for  purchase  of  cordwood  -  .....        49 

for  building  a  house  -  .....        50 

for  performing  bricklayer's  and  plasterer's  work  in  building  a 

.    house         -..--..-51 
with  a  Millwright     -.-.-..62 

■  on  a  sale  of  wheat  -  .  .  .  -  -  -.63 

for  the  sale  and  delivery  of  coal      .....        54 

•  between  a  housekeeper  and  his  lodger        .  -  -  .55 
for  sale  of  a  parcel  of  trees  growing,  and  liberty  to  cut  down  % 

and  carry  them  away        ......        56 


INDEX.  ix 

■  '      ■^-     -     -  PAGK 

AsH£EM£»T  with  a  manager  -----  _  57 

or  articles  of  co-partnership  between  partners      -  -  -  58 

or  articles  of  co-partnership  between  an  active  and  silent 

partner     ------.-60 

or  articles  of  co-partnership  between  two  tradesmen        -  -  61 

or  articles  for  special  or  limited  partnership         -  .  .  64 

of  dissolution  of  partnership         -  -  -  .  .  64 

and  covenant  to  be  inserted  in  partnership  contracts,  if  de- 
sired, not  to  trust  any  one  whom  the  co-partner  shall  forbid      -  65 

do.  not  to  be  bound,  or  endorse  bills  -  -  .  .  55 

where  neither  party  is  to  assign  his  interest  -  -  -  65 

where  parties  are  to  draw  quarterly  -  -  -  .  66 

to  continue  a  partnership  by  endorsement  on  the  old  articles      -  66 

in  relation  to  party  walls  ------  66 

for  renewing  a  Policy  of  Insurance  by  endorsement        -  -  67 

Amicable  Actioit. 

Remarks  on--  -  -  -  -  -  -68 

-agreement  to  institute  a  suit  -  -  ...  68 

to  revive  a  lien       -  -  -  --  -  -68 

• for  judgment,  after  rule  of  reference  entered        -  -  -  69 

to  waive  inquisition  and  condemnation  of  land  taken  in  execu- 
tion -  --  -  -  .  -  -69 
Application  fok  Warhants. 

for  taking  out  a  warrant  by  a  settler  for  lands  seltled  on  -  70 

form  of  affidavit  and  certificate  on  application  for  warrants. 

See  Affidavit. 
Apprentice. 

Remarks  concerning  ------  71 

Indenture  of  Apprenticeship         -  ....  73 

Another  form  of  indenture  of  apprenticeship        -  -  -  74 

Indenture  of  apprenticeship  by  Overseers  of  the  Poor     -  -  75 

Approbation  of  the  apprenticeship  of  paupers     -  -  -  76 

Arbitration  and  Award. 

Remarks  on  -  -  --  -  -  -76 

under  the  Act  of  1836.     Agreement  to  refer  -  -  -  77 

for  affidavit  of  witness  to  an  agreement  to  arbitrate.   See  Affi- 
davit. 
Awards  of  arbitrators  in  debt  or  case       -  -  .  .  79 
Award  in  replevin  for  rent             -            -            -            -            -  79 

in  replevin,  when  property  is  to  be  returned         -  -  -  79 

Assignment. 

Remarks  on  -  -  --  -  -  -79 

of  Dower  by  the  heir         ......  79 

of  a  Deed  ------  ..go 

of  a  Lease  -------81 

in  another  form     -------  8i 

of  a  Debt    -  -  -  -  -  -  -  -        -  82 

of  a  Judgment       -------82 

of  Moneys  due  upon  account         .  -  -  -  .  83 

of  a  Mortgage        .---_.  .93 

of  a  Bond  where  the  assignor  is  liable      -  -  .  .  34 

—  of  a  Bond  where  the  assignor  is  not  liable  ...  84 

where  the  assignor  is  liable  in  another  form         -  .  .  85 

where  the  assignor  is  not  liable  in  another  form  -  -  -  85 

of  a  Note,  where  the  assignor  is  liable      -  -  -  -  86 

of  a  Note,  where  the  assignor  is  not  liable  ...  86 

-^— —  of  an  Apprentice   -  -  -  -  -  -  -86 

of  a  Servant  ---...-86 

P of  shares  in  a  company     ----..  87 

of  a  Policy  of  Insurance  ---.-.  87 


•# 


INDEX. 


AmSTATIOX. 

Remarks  on  -------87 

where  there  are  iDterlineations  or  erasures  in  instraments  of 

writing     --...-.-88 

by  a  Blind  person  ---•-.  -88 

where  there  are  erasures  -----  -  88 

Bills,  Notes,  &c. 

Remarks  on  -  -  -  -  --  -88 

Bill  of  Sale  of  Goods  and  Chattels  -  -  -  -  -  89 

of  Sale  of  Goods  and  Stock,  in  consideration  of  maintenance,  &c.       90 

of  Sale  of  a  Vessel  ......  91 

of  Exchange,  1st   -  -  -  -  -  -  -  91 

ofExchange,  2d  and  3d  .  -  -  -  -  -  -  92 

'  of  Exchange  (Domestic)  --...-  92 

Draft -  -  93 

Note  to  Bank         ..-...-93 

Check •  -  93 

Due  Bill 94 

Promissory  Note    --  .....94 

Judgment  Note       .......94 

Note  with  security,  or  for  two  or  more  persons    -  -  .  94 

Note  on  Demand    -....--95 


Boirss. 


Remarks  on  -------  95 

Common  form        .......96 

Judgment  Bond      .......97 

from  one  to  two      -.-  -  -  -  -  -98 

from  two  to  one      .......98 

of  Indemnity  to  Bail  «.-...  99 

to  refund  to  Executors  on  payment  of  a  Legacy  -  -        100 

to  refund,  given  by  distributee  under  approval  of  court,  (sec.  41 
and  57  of  Act  of  24th  of  Feb.,  1834,  "relating  to  executors  and 
administrators")  -  -  -  -        '    -  -        101 

■  of  Guardian  at  his  appointment    -  -  -  •  -        102 
.  by  Executors  on  application  to  Orphans'  Court  for  an  order  to 

sell  or  mortgage  Real  Estate      .....        103 

■  by  Administrator,  on  application  to  Orphans'  Court  for  an  order 

to  sell  or  mortgage  Real  Estate  ....         104 

.  by  Guardian,  on  application  to  Orphans'  Court-lbr  an  order  to 

sell  or  mortgage  Real  Estate      .....         104 

■  for  the  performance  of  Covenants  ....        104 

-  to  execute  a  Conveyance  -  -  -  -  -  -104 

-  to  leave  Money  to  a  Wife  -  -  -  •  .105 

-  to  permit  a  Wife  to  make  a  Will  .  -  -  -  -        105 
•  to  maintain  Parents           ......        106 

-  to  maintain  Parents  in  another  form         -  .  -  -        106 
.  to  keep  a  person  during  life          -           -            -            -            -        107 

-  to  execute  a  Conveyance  at  ft  time  to  corns,  and  that  the  obligee 

receive  the  profits  -  -  -  -  -  -        107 

-  for  services  of  an  Apprentice       ....  -        108 

■  of  an  Attorney  to  account  to  his  Constituent        -  -  -        108 

-  of  a  Treasurer  of  a  Company       ...  -  -        108 

-  to  a  Mother  of  a  bastard  child       .....         109 

-  of  Indemnity  to  Surety  in  a  Bond  ....         109 

-  of  Indemnity  to  Bail  in  Bail  Bond  ....         H6 

-  of  Indemnity  to  Special  Bail         .....        lf6 

-  of  Indemnity  to  Bail  in  Recognizance       -  -  -  -         111 

-  of  Indemnity  to  Surety  in  an  Administration  Bond  -  -        111 

-  of  Indemnity  to  Executor  on  Payment  of  a  Legacy  -  -        112* 

-  of  Indemnity  to  save  harmless  on  paying  Rent     -  .  .        112 

-  of  Indemnity  against  Claim  for  Dower     ....        113 


INDEX. 


XI 


PAGE 

BoxD  of  Indemnity  for  a  Bond  mislaid  or  lost     -            -            .            -  1 13 

to  the  County  for  a  bastard  child  -            -            -        .    -            -  114 

to  refund  Money  on  failure  of  Contract    -            -            -            -  115 

in  Replevin  to  Sheriff  by  Plaintiff             -           -            -            -  115 

in  Replevin  to  Sheriff  by  Defendant         -            -            -            -  116 

of  Indemnity  in  case  of  Foreign  Attachment        -            •            -  117 

of  Indemnity  upon  Levy  and  Sale              -            -            -            -  117 

of  Indemnity  for  the  Payment  of  an  Annuity  during  life  -            -  118 

■ of  Indemnity  to  discharge  Incumbrances              -            -            -  119 

to  Indemnify  Indorsers      -  -  -  -  -  -119 

for  Payment  of  Money  after  a  person's  death        .            -           .  120 

of  Indemnity  by  an  Executor  who  retains  Money  in  his  hands 

directed  by  the  Will  to  be  put  out  at  Interest    -            -            -  120 

of  a  Constable  for  faithful  performance,  &c.        ...  121 

to  leave  Money  to  a  Wife              -            -            -            -            -  121 

to  Indemnify  Lessee  on  payment  of  Rent              ...  122 

for  payment  of  an  Annuity  during  the  Life  of  a  Feme  Covert    -  122 

of  Indemnity  on  paying  Money  to  a  person  who  haJnot  talren  out 

Letters  of  Administration           ...            -            -  123 

to  suffer  a  Wife  to  live  apart  from  her  Husband               -            -  123 

to  suffer^a  Wife  to  live  apart,  to  have  all  her  effects,  and  to  behave 

quietly  to  her      .-.--..  124 
Case  Stated. 

Remarks  on-------  125 

Form  for,               -            -            -            -            -            -            -  126 

Caveat. 

Remarks  on-------  126 

against  the  Probate  of  a  Will        -----  126 

against  granting  Letters  of  Administration       ^  -            -            -  126 

Certiorari. 

Remarks  on  a-            -            -            -            -            -            -  127 

to  a  Justice  of  the  Peace  ------  127 

return  of  Magistrate  to  be  indorsed  on  the  Writ  -            -            -  127 

Cognovit  Actionem. 

Remarks  on  a-           -            -           -            -           -            -  127 

Cognovit  in  Action  of  Debt          -            -            -            -            -            -  128 

in  Assumpsit         *-..--.  128 

Commission. 

Remarks  on             ..----.  129 

Caption  to  Interrogatories  on  a  Commission         ...  129 

Caption  to  Cross  Interrogatories  to  the  same         -            .            -  129 

Rule  for  a  Commission       -            -            -            -            -            -  130 

Commission  to  examine  Witnesses,         -             -             -             -             -  130 

Letter  of  Instruction  to  Commissioners     -            -            .            -  131 

Interrogatories  to  Garnishee  in  Foreign  Attachment         -            -  133 

Interrogatories  to  Witness  in  proceedings  for  a  Divorce   -            -  134 
Composition. 

Remarks  on  Composition  in  Contracts       .            -            -            .  136 

General  Form  of  Composition  with  Creditors        .            .            -  135 

A  Deed  of  Composition  of  Debts  by  Partners        -            .           -  136 
Conditions  of  Sale. 

Remarks  on             .......  137 

of  Lands 137 

Agreement  following  Conditions    -            ...            -  138 

Receipt  at  the  foot  of  Conditions    -            -            -            -            -  139 

Form  of  Vendue  Article    ------  139 

Another  form  of  Vendue  Article    .            -            .            -            -  139 
Deeds. 

Remarks  on            -            -            -            -           -            -            -.  140 

Common  form  of  Deed      -            -            -            -            -            -  141 

Deed  with  full  Covenants              -            -           -           -           -           -  143 

by  Attorney           -.-....  144 


xii  INDEX. 

FACE 

Deed  wilhont  Covenants               -           -            -  •          -           -           -  145 

Quit  Claim             -            -            -            -            -            ...  145 

by  Executors          .......  145 

by  Executors  under  a  special  authority  in  a  Will            -            -  147 

Poll 147 

Poll  on  Disfranchising  a  Member  of  a  Company              -            -  148 

Poll  for  Unpatented  Lands,  with  Clause  of  Special  Warranty     -  149 

for  Lands  sold  by  Administrators,  by  order  of  Orphans'  Court,  in 

Partition             -           -            .            .            -            -           -  149 

by  Administrators,  by  order  of  Court,  to  satisfy  debts,  ^.          -  152 

by  an  Administrator  of  Land  which  his  Intestate  had  bound  him- 
self to  Convey    -..-.--  154 

by  Sheriff  on  a  Venditioni  .  -  -  -  .154 

by  Sheriff  on  a  Levari  Facias       .....  156 

of  Trust  or  Assignment  for  the  benefit  of  Creditors         -            -  158 

—  to  a  Wife  by  Intervention  of  Trustees       .            .            •            -  159 

from  same  Trustee  by  direction  of  the  Wife  to  Sell  her  Trust 

estate      .--..-..161 

of  Marriage  Settlement  of  a  Wife's  fortune  (consisting  of  lands, 

goods,  &c.)  to  her  use  as  a  separate  and  distinct  estate            -  162 

of  a  Water  Course            -            -            -            -            -            .  165 

of  an  Alley  or  Passage      .  -  -  -  -  -166 

by  gift  of  Lands     ..-..--  166 

Partition    ---..---  167 

of  Rent  Charge 169 

of  Release 170 

of  Exchange  of  Lands      -           -            -            -            -           -  171 

of  Confirmation     -  -  -  -  -  -  .172 

Covenant  of  Warranty  to  Deed     .....  173 

Covenant  for  Quiet  Enjoyment       .....  173 

Covenant  for  further  Assurance      -----  173 

Covenant  against  Incumbrances     -            -            -            -            -  174 

Joint  Covenant,  of  two  or  more,  to  one  person      -            -            -  174 

Joint  and  several  Covenant,  of  two  or  more,  to  one  person            -  174 

A  several  Covenant  of  two  or  more  -        -            -            -            -  174 
Depositioit. 

Remarks  on             --..--.  175 

Caption  of  a  Deposition  under  a  Rule  of  Court    ...  175 

A  Deposition  in  the  hand-writing  of  the  Witness  -            -            -  175 

DEPrTATIOlT. 

Deputation  to  a  Deputy  Register    .....  176 
Discharge. 

Remarks  on.  * 

of  an  Insolvent  Debtor  from  Arrest,          -           .*           .            .  176 

of  a  Prisoner  charged  with  a  Criminal  Offence    .           -            -  177 

Execution. 

Property  exempt  from  Execution,  &c.        ....  183 

IlTTEREST. 

Remarks  on             ..-...-  il77 

An  Interest  Table   ---...-  180 
A  Table  showing  the  number  of  days  from  any  day  in  the  month 

to  the  same  day  in  any  other  month  throughout  the  year           -  181 

Ihtektobt. 

Inventory  of  Appraisers  of  a  Decedent's  Estate     .           -            -  181 

Remarks  on  the  duties,  &c.,  of  Executors  and  Administrators       -  182 

Lakdlobd  Aun  Tenant. 

Remarks  on  -  -  -  -  •  .  .184 

Warrant  of  Landlord  to  distrain  for  Rent              ...  185 

Notice  of  Distress   .-..---  185 

Schedule      ........  186 

Notice  to  remove  in  15  (or  30)  days  under  the  actof  3d  April,  1830  186 


INDEX.  xiii 

LAKBioitT)  AiTD  Tenant.  page 

(Note  on  the  Act  of  3d  April,  1830)            -            -            -            -  186 

Landlord's  Affidavit  or  Complaint  -----  187 

Form  of  Appraisement       -----.  187 

Notice  of  Sale 187 

Notice  to  quit  after  expiration  of  the  Term              .            _            .  i88 

Notice  to  qnit  at  the  expiration  of  the  Term           -            .            .  i88 

Complaint  to  two  Justices      -            -            -            -           -           -  188 

Lease, 

Remarks  on             .-.-...  189 

■  for  years  of  a  House  and  Lands,  with  Exceptions  and  Special 

Covenants,  &c.    -------  190 

of  a  House             ----..-  192 

of  a  Farm  ..----..  193 

Special  Covenants  in  a  Lease  not  to  pursue  certain  occupations  193 

Clause  to  be  inserted  in  a  Lease  to  inhabit  part  of  the  premises  194 

Clause  not  to  assign  or  underlease            -            -            -            -  194 

Clause  to  be  inserted  in  a  Lease,  if  required,  that  lessor  shall  pay 

the  Taxes           .-..-.-  194 
Clause  to  insure  the  premises  from  Fire,  and  to  rebnild  in  case 

of  Damage          -------  194 

Letter  of  Attornet, 

Remarks  on             .......  195 

General  form  of  Letter  of  Attorney  to  receive  Debts         -           -           -  195 

General  Letter  of  Substitution        ------  196 

Letter  of  Attorney  to  receive  money  on  a  Bond    -            -            -           -  196 

of  Revocation,  &c.              ...--.  197 

of  Attorney  to  receive  dividends  of  Stock              -           -           -  197 

to  receive  the  back  pay  of  a  deceased  Soldier       -            -            -  198 

to  receive  a  Legacy  -  -  -  -  -  -198 

of  Attorney  to  convey  Lands          -----  199 

to  acknowledge  a  Deed      -  -  -  -  -  -199 

of  Attorney  in  short  form  to  transfer  Stock            .            -            -  199 

■  from  the  President  and  Directors  of  a  Corporation  to  collect  Debts  199 

of  Attorney  to  deliver  possession  of  Lands            -            .            -  20O 

of  Attorney  to  receive  Debts           -            -            -            .            -  2OI 

from  one  to  his  Wife,  to  receive  Wages,  &c.        .           -            -  201 

to  receive  principal  and  interest  of  the  Public  Debt          -            -  201 

of  Attorney  to  make  Partition        -            -            -            -            -  202 

to  Attorney  at  Law  to  appear  to  suit  for  Defendant           -            -  202 

by  Plaintiff  to  institute  a  Suit         -----  203 

by  Plaintiff  to  conduct  Suit  already  brought          -            -            -  ao3 

Letters  of  License, 

Remarks  on             -------  204 

Letter  of  License  from  Creditors  ------  204 

Letters  of  Credit. 

Letter  of  Credit  for  Goods               ------  204 

for  a  limited  sum  of  money           -----  205 

Marriages, 

Remarks  on             .----..  205 

Form  for  a  Marriage  Ceremony     -----  207 

Form  of  Certificate  of  Marriage      -----  207 

Mechanic's  Liew, 

Remarks  on             .......  2O8 

Form  of  Claim  by  a  House  Carpenter,  against  one  who  is  owner 

and  contractor,  for  work  and  materials  for  a  building                 -  209 

Plaintiff's  Bill  of  Particulars           .....  2IO 

Form  of  Claim  filed  by  a  House  Carpenter  against  William  Burns, 
owner,  and  Samuel  Dean,  contractor,  for  work  and  materials  for 

a  building             .......  2IO 

Form  of  Claim  filed  by  a  Brickmaker  against  one  who  is  owner 

and  contractor,  for  materials  furnished  for  one  building            -  211 
B 


Xiv  INDEX. 

Mechanic's  Lien.  pack 

Form  of  Claim  filed  by  a  Brickmaker  against  William  Burns, 
owner,  and  Samuel  Dean,  contractor,  for  materials  furnished 
for  one  building  ------        211 

Form  of  Claim  filed  against  William  Burns,  owner,  and  Samuel 

Dean,  contractor,  by  a  Bricklayer,  for  work       ...        212 
Form  of  Claim  filed  against  one  who  is  owner  and  contractor,  by 

a  Bricklayer,  for  work    --..--        212 
Form  of  Claim  filed  by  a  Lumberman  against  one  who  is  owner 

and  contractor,  for  lumber  furnished  for  one  building    -  -        213 

Form  of  Claim  filed  by  a  Lumberman  against  William  Burns, 
owner,  and  Samuel  Dean  contractor,  for  lumber  furnished  for 
one  building         ..-.---        214 
Form  of  Claim  filed  by  a  Painter  and  Glazier,  against  one  who  is 

owner  and  contractor,  for  work  and  materials  for  one  building  214 

Form  of  Claim  by  a  Painter  and  Glazier,  against  William  Burns, 
owner,  and  Samuel  Dean,  contractor,  for  work  and  materials 
for  one  building  -------        215 

Form  of  Claim  filed  by  a  Brickmaker  against  one  who  is  owner 
and  contractor,  for  materials  furnished  for  two  or  more  build- 
ings where  the  amount  claimed  is  equally  divided  -  -        215 
Form  of  Claim  filed  by  a  Brickmaker  against  one  who  is  owner 
and  contractor,  for  materials  furnished  for  two  or  more  build- 
ings, where  the  amount  claimed  is  unequally  divided    -  -        216 
Form  of  Claim  filed  by  a  Brickmaker  against  William  Burns, 
owner,  and  Samuel  Dean,  contractor,  for  materials  furnished 
for  two  or  more  buildings,  where  the  amount  claimed  is  un- 
equally divided    -------        217 

Form  of  Claim  filed  by  Lumber-merchants  (partners)  against  one 
who  is  owner  and  contractor,  for  lumber  furnished  for  two  or 
more  buildings,  where  the  amount  claimed  is  unequally  divided        218 
Mortgages, 

Remarks  on  -.-..--        219 

A  Mortgage  of  Indemnity  to  Bail   -  -  -.  -  -        221 

A  common  form  of  Mortgage  for  securing  the  payment  of  money 

due  on  a  Bond     -------        222 

For  continuing  a  Mortgage  by  Indorsement  -  -  -        223 

Mortgage  to  secure  indorsers  in  Bank       -  -  -  .        224 

A  short  Mortgage  of  Goods  -----        225 

Form  of  acknowledgment  where  Deeds  and  Evidences  are  deliver- 
ed to  Mortgagee  upon  the  execution  of  the  Mortgage     -  -        226 

NOTICZS, 

Remarks  on  ..---.-  226 

Notice  to  Respondent  of  the  taking  of  Depositions  in  application  for 

Divorce  ...----  226 

^—— of  the  execution  of  a  Writ  of  Inquiry        -  .  .  -  226 

of  the  filing  of  accounts  in  Courts  -  -  -  -  226 

'  to  Constable  of  a  desire  to  vote  for  an  increase  of  the  number  of 

Justices  in  a  District       ------  226 

•  of  an  Election  to  change  the  place  of  holding  Township  Elections  227 

by  Constable,  of  the  time  and  place  of  holding  such  Election       -  227 

.  of  an  Appeal  by  Overseers  of  the  Poor,  from  an  order  of  Removal  227 

■  of  Captain  of  Militia  to  non-commissioned  oflficers  and  privates 

on  a  requisition  from  the  Governor  or  President  -  -  228 

to  Officers  of  their  election  -----  228 

of  a  Rule  to  take  Depositions        -----  228 

of  proceedings  to  remove  Pauper  .  -  -  -  228 

of  a  Motion  upon  a  Justice's  Judgment     .  -  -  -  229 

of  Lumber  taken  up  in  Rivers        -----  229 

of  Sale  in  Attachment        ------  229 

of  Landlord  to  SheriflTor  Constable  to  pay  Rent  out  of  the  pro- 
ceeds of  Sale       .-..-.-  229 


^ 


INDEX.  XT 

PAOX 

Notice  to  Justice  of  intention  to  bring  suit  unless  he  tender  amends       -  230 

.   ■■         by  Commissioners  of  the  time  and  place  of  taking  Depositions  230 

of  lime  and  place  of  taking  Depositions  on  Rule  of  Court             -  230 

of  Special  Matter                ......  231 

of  Justification        .......  231 

to  produce  Papers              ......  231 

to  Constable  before  bringing  suit  against  him  for  acts  done  under 

the  authority  of  a  Warrant          -            .            -            .            .  231 

by  Purchaser  at  Sheriflfs  Sale,  to  tenant  in  possession      -            -  232 

to  Overseers  of  the  Poor  who  neglect  or  refuse  to  comply  with 

the  orders  of  relief           ......  232 

of  Bail         ........  232 

< of  exception  to  Bail            .----.  232 

of  justification  of  Bail        .----.  233 

Papeh  Book, 

Remarks  with  regard  to  a                -            -            -            -            -  233 

Form  of       -            -            -            -            -            -            -            -  233 

Patents. 

Information  to  persons  having  business  at  the  Patent  Office  at 

Washington,  under  the  act  of  Congress,  August  29th,  1842       -  234 

Fees  payable  at  the  Patent  Office               ....  235 

Form  of  Petition   -.--.--  236 

Form  of  Specification        -            -            -            -            -            -  237 

Form  of  Oath        .---..-  238 

Form  of  withdrawal           -            -            -            -            -   .         -  .  238 

Form  of  surrender  of  a  patent  for  re-issue           .            -            -  239 

Form  of  assignment  of  a  right  in  a  patent           -           -            -  239 

Form,  of  Disclaimer           -.---.  240 

Form  of  Caveat     --.----  240 

Form  for  addition  of  new  improvements  -            -            -            -  241 

Form  of  assignment  before  obtaining  Letters  Patent,  and  to 

be  recorded  preparatory  thereto               -            -            -            -  241 

Form  of  application  for  Patents  or  designs  under  the  Act  of 

August  29th,  1842            ......  242 

Form  of  Specification        .-..-_  242 

Form  of  Oath         ..---..  242 

Letters  Patent  for  a  new  invention            ....  243 

Pbtitioss. 

Remarks  on            .-...-_  243 

Petition  to  the  Governor  of  a  State           .....  244 

to  the  Congress  of  the  United  States         ....  244 

to  the  Legislature  of  Pennsylvania           _            -            -            .  244 

for  laying  out  a  Road         --..-.  244 

for  appointment  of  Viewers           .            .            .            -            _  244 

Return  of  Viewers  in  favour  of  the  Road             ...  245 

Return  of  Viewers  against  the  Road         ....  245 

*              Order  of  Confirmation       ......  246 

for  Review              --.-...  246 

Appointment  of  Reviewers            -            -            .            .            .  246 

Report  of  reviewers  in  favour  of  the  Road           ...  247 

Report  of  reviewers  against  the  Road       ...            -  247 

to  vacate  a  Road    --.--..  247 

Appointment  of  Viewers  -.--.-  247 

Report  of  viewers  in  favour  of  vacation  -            -            .            -  248 

Report  of  viewers  against  the  vacation     -            -            .            -  248 

Confirmation  by  the  Court             .            -            _            .            .  248 

■             to  value  lands  in  case  of  a  Public  Road   ....  248 

to  value  lands  in  case  of  a  Private  Road              ...  249 

Appointment  of  viewers    -.----  249 

Oath  of  viewers     -.--..-  249 

Report  of  viewers              -            -            -            ,            .            .  249 

Another  form  of  report     ----.-  250 


Xvi  INDEX. 

FAOB 

Petitioa  for  a  Gate             ----.-.  250 

Appointment  of  viewers    -.---.  250 

Report  of  viewers               ......  251 

Confirmation  by  the  Court             .            -            ,            .            -  251 
for  a  Bridge            .......  251 

Appointment  of  viewers    ......  261 

Report  of  viewers               ......  252 

of  Commissioners              -            -            -            -            -            -  252 

Order          ........  252 

Report  of  viewers              ......  253 

Confirmation  by  Court      --....  253 

where  a  deed  is  lost,  or  has  become  defaced         -            -            -  253 

for  guardian  by  minor  under  the  age  of  fourteen  years     -            -  253 

'             for  guardian  for  minor  over  the  age  of  fourteen  years      -            -  254 

'             for  sale  of  land  by  administratrix             ....  254 

Inventory  of  Property  and  debts    ....            -  254 

of  administratrix  for  further  time  for  sale  of  premises     -           -  256 

Return  upon  order  of  sale               .....  256 

Affidavit  upon  return  of  sale         .....  257 

by  guardian  for  sale  of  land          .....  257 

where  master  compels  apprentice  to  work  at  another  business, 

beats  him,  &c.      -..--..  258 

where  apprentice  has  been  disobedient,  idle,  &c.  -            .            -  258 

where  apprentice  has  committed  larceny,  &c.       ...  259 

for  inquest  to  make  partition          .....  259 

for  review  of  account  under  the  act  of  13th  October,  1840            -  260 

for  the  appointment  of  seven  men  to  make  partition        -            -  261 

I             for  citation  to  widow  to  accept  or  refuse  a  devise  or  bequest        -  261 

for  a  rule  on  the  heirs  to  come  in  and  accept  or  refuse  to  take 

the  real  estate  of  decedent  at  the  valuation        ...  262 

for  citation  to  executors  to  give  security  for  the  execution  of 

their  trust             .......  262 

for  Habeas  Corpus,  where  petitioner  is  under  arrest  on  civil 

process    ..---...  263 
for  Habeas  Corpus,  where  the  petitioner  is  in  the  criminal  de- 
partment              .......  264 

for  Habeas  Corpus,  where  petitioner  is  deprived  of  liberty  by 

master  or  any  other  person         .....  264 

for  Habeas  Corpus  by  a  parent  for  a  child            ...  265 

.             for  Habeas  Corpus  ad  testificandum          ....  265 

to  enter  an  appeal  from  an  order  of  removal  of  pauper  -            -  265 

for  Mandamus        .......  266 

for  the  appointment  of  persons  to  appraise  assigned  property     -  266 

for  a  Pedlar's  license          ......  266 

— —  for  the  appointment  of  auditors  on  the  accounts  of  guardian        -  267 

. where  trustees  of  a  fund  is  insolvent,  mismanaging,  &c.             -  267 

— ^-^  where  trustee  under  marr'age  settlement  is  insolvent,  &c.           -  268 

after  trustee  is  dismissed,  lor  appointment  of  a  new  one  -           -  268 

—^—  for  leave  to  prove  contract  of  decedent  to  convey            -           -  269 

for  commission  de  inehritatt  inquirendo     ....  270 

of  defendant,  alleging  reformation,  and  praying  the  court  to 

revoke  the  original  order             .....  271 

for  a  tavern  license            ......  271 

to  the  Legislature  for  a  Turnpike  Road     ....  272 

to  the  Legislature  for  a  Slate  Road            ....  273 

for  erecting  a  bridge  on  county  line           -            -            -            -  273 

to  authorize  the  Recorder  to  enter  satisfaction  upon  a  mortgage  -  274 

to  compel  a  deed  for  property  sold  by  former  sheriff         -            -  275 

where  former  sheriff  has  gone  out  of  office           ...  275 

—  for  subpoena  in  divorce  for  desertion         ....  275 

for  subpoena  in  divorce  for  intolerable  treatment             -           -  276 


INDEX-  xvii 

FAOK 

Petition  for  subpoena  in  divorce  for  adultery         -            -            .            .  277 
for  divorce  from  bed  and  board,  and  for  alimony,  for  abandon- 
ment of  family    -----..  277 

for  divorce  from  bed  and  board,  and  for  alimony,  on  the 

ground  of  intolerable  treatment               -            .            .            .  277 
'■—^—  of  a  Husband,  respondent,  that  the  Decree  of  Divorce,  a  mensa  et 

thoro,  be  annulled            ......  278 

to  the  Legislature  of  Pennsylvania  for  Divorce,  -           -            -  279 

Note  on  Legislative  Divorces         .-.--.  279 
to  Incorporate  a  Religious  Society               ....  279 

Note  relative  to  Courts  incorporating  religious  and  other  societies  281 
PazciPEs. 

Remarks  on             .......  281 

Phecipe  fof  an  Original  Writ  in  the  Common  Pleas        -           .            -  281 

— ; in  Foreign  Attachment      ..--.-  281 

for  Writ  of  Inquiry  of  Damages    .....  282 

• for  Scire  Facias  to  Garnishee          .            .            -            .            -  282 

• in  Domestic  Attachment    .-----  282 

■ in  Attachment  against  Vessels      .....  282 

for  _/?. /a.  for  Residue  of  Judgment            .            »            -            -  282 

• for  Certiorari  to  Justice  of  the  Peace        ....  283 

for  Summons  in  Covenant             .            .            .            »            .  283 

for  execution  on  Judgment  affirmed  on  Certiorari  "          -            -  283 

for  Writ  of  Replevin          ......  283 

for  sci. /a.  on  Writ  of  Inquiry        .....  283 

— for  ^.ya.  against  Plaintiff  for  Costs          ....  2f<3 

for  «a.ya.  to  revive  Judgment       .....  283 

for  sci.  fa.  on  Mortgage      ..---.  284 

for  Certiorari  on  Proceedings,  to  deliver  Possession  to  Sheriff's 

Vendee                .......  284 

for  a  Writ  in  Trespass      ......  284 

PaOCLAMATIOX. 

Remarks  on             .......  284 

of  a  Court  Crier  on  opening  Court           ....  284 

■ for  Grand  Jurors    ....---  285 

for  Returns  of  Constables               .            .            .            .            .  285 

for  Discharge  of  Insolvent  Debtors            ....  285 

for  forfeiting  Recognizances          .....  285 

■ for  acknowledgment  of  Sheriff's  Deeds     ....  285 

of  Sheriff  for  holding  Court           -----  285 

Public  Schools. 

Form  of  Bond  of  District  Treasurer            ....  286 

Form  of  Bond  of  District  Collector             ....  287 

Form  of  Warrant  to  Collector  of  School  Tax         -            -            -  287 

Form  of  Certificate  of  Assessment  of  School  Tax              -            -  288 

Form  of  Order  on  District  Treasurer         ....  289 
*           Form  of  Certificate  of  Non-payment  of  Tax  on  unseated  land       -  .  .    289 
Form  of  Deed  of  Land  to  School  Directors             -            -            -*      289 
Form  of  Lease  of  School-house  and  Lot  to  School  Directors         -  ^'SQO 

Form  of  Agreement  between  School  Directors  and  Teacher         -  291 

Form  of  Certificate  to  a  Teacher    -            -           -            -            -  29 1 

RECEIPTS. 

Remarks  on             .......  292 


General  Form  of  a  Receipt 
Receipt  for  Rent   .  .  -  -  - 

in  another  form      -  -  -  - 

paid  by  a  Third  Person     .  .  . 

for  Money  received  from  a  Third  Person 

for  Money  received  for  the  use  of  another 

for  money  received  in  part  of  a  Bond 

for  interest  due  on  a  Bond 


292 
292 
292 
293 
293 
293 
293 
293 


XViii  INDEX. 

FACE 

Receipt  to  an  Administrator          ......  294 

for  a  Promissory  Note       ......  294 

for  an  Order  drawn  upon  a  third  person  ...            -  294 

for  writings  left  in  a  person's  hands           ....  294 

for  Grain  from  a  Miller      -          .  -            -            .            .            .  294 

for  Cattle  or  Horses  put  out  to  Winter      ...           -  295 

for  Lading              -            -            -            -            .            -            .  295 

for  money  in  part  payment,  for  Lading  receipted             -           -  295 

for  a  Legacy           .......  296 

for  Boarding           .......  296 

for  money  at  coming  of  Age          .....  296 

in  another  form  for  a  Legacy         .....  296 

Recitals. 

Remarks  on             --..-..  296 

Recital  of  title  by  Patent    --....-  297 

of  title  by  Grant     .......  297 

'             of  title  by  Devise    .......  297 

•            of  title  by  Descent              ......  298 

of  title  by  Sheriff  .......  298 

of  title  by  Attorney             ......  298 

of  title  by  Executors           ......  299 

lii of  title  by  Administratrix  ......  299 

of  title  by  partition  by  Writ           .....  299 

of  title  partition  by  Deed  -             .....  300 

■             of  Sale  by  order  of  Orphans'  Court            ....  300 

of  title  by  Deed      .......  300 

of  title  by  Will       -            -            -         ,-            -            -            -  301 

of  title  by  Deed  and  Will                .....  301 

of  estate  of  an  Intestate,  conveyed  by  the  heirs     ...  301 

of  same,  valued  by  order  of  Court  and  accepted  by  one  of  the 

heirs       ........  302 

of  title  by  Sheriff               .-.-.-  302 

Releask. 

Remarks  on             .......  302 

Release  to  an  Executor      .......  303 

to  an  Administrator            ......  303 

to  Guardian            .......  304 

to  the  father  of  a  bastard  ......  304 

of  all  demands        .......  305 

upon  a  Mortgage                ......  305 

between  co-partners  or  traders,  on  settling  accounts        -           -  306 

of  Dower  by  Indorsement              .....  307 

Report. 

Remarks  on             .......  308 

Report  of  Examiners  of  Attorney  at  Law              ....  308 

of  an  Alien             .......  308 

.            of  Auditors  to  Orphans'  Court  on  application  of  Executor,  Ad- 
ministrator or  Guardian,  to  sell  or  mortgage  Real  Estate         •  309 
■  of  Auditors  on  settlement  of  an  Account  ....  309 

of  Commissioners  appointed  to  lay  out  State  Road           -            -  309 

For  Report  of  Viewers,  &c.,  see  Petitioits. 
Rbtubrs  bt  Sheriff. 

Remarks  on             .......  310 

A  great  variety  of  Returns  by  Sheriff  from  page  310  to  page  318. 
Rktcrk  bt  Coitstable. 

Constable's  Return  to  Court  of  Constable's  election          -           .  318 

Notice  to  Constables  elected           .....  319 

Constable's  Return  to  Court           .....  319 

Return  of  Constable  on  Domestic  Attachment       ...  319 

Return  of  Constable  on  Warrant    ....            -  320 

Another  Return  of  Constable  on  a  Warrant           ...  320 

Return  of  Constable  on  Warrant  for  Affray           ...  320 


INDEX.  Xix 

FABE 
SnBP(E17A. 

Remarks  on             .-.-...  320 

with  Clause  of  Duces  Tecum        -            -            -            -            -  320 

Common  form  of  Subpoena  before  Arbitrators       -            -            .  321 

Will. 

Remarks  on             .-.--..  321 

Form  for  a  Will      .......  322 

Another  form  of  a  Will       ......  323 

Another  form  of  a  Will       ......  324 

Another  form  of  a  Will       ......  326 

Codicil,  or  Supplement  to  a  Will    .....  327 

Another  form  of  Codicil  or  Supplement  to  a  Will              .            -  327 

Clause  forgiving  Debts  due  from  Relations            ...  328 

Proviso,  in  case  a  Wife  should  sue  for  Dower  and  Thirds            -  328 
To  make  void  Limitations  where  persons  dispute  the  Validity  of 

a  Will 328 

Clause  concerning  Disputes           .....  329 

Clause  of  Guardianship  of  Children           ....  329 

Conclusion  and  Attestation  of  a  Will  written  on  several  sheets  329 

Renunciation  of  Executorship        .....  330 

Release  of  Right  to  Administration  by  Widow       ...  330 

Appointment  of  a  Guardian  by  a  Father  for  his  Son         .            -  330 

Note  on  the  subject  of  appointing  Guardians,  &c.  -  -  331* 
Nuncupative  Wills  -  -  -  .  -  .331 
Proviso  for  a  Will  .            -            -            -            .            -            .331 

Whit  of  Erbor. 

Precipe  for  Writ  of  Error  to  Supreme  Court          ...  332 

Affidavit      ........  332 

Recognizance-         .......  332 

A  Glossary  of  Technical  Law  Terms        .            .            .            .            -  333 


APPENDIX. 

Phecedeitts  for  Phoceedikgs  in  Admiralty  Courts. 

Remarks  on             .......  345 

Libel  for  Mariners'  Wages,  with  a  Claim  and  Answer     ...  345 

in  a  Cause  of  Personal  Damage,  with  an  Answer    ...  347 

do.                do.              do.            ...            -            .  350 

for  Collision,  with  a  Claim  and  Answer       ....  351 

by  a  dissentient  Part-Owner  (having  a  majority  or  a  moiety  of  inte- 

rest)  of  a  Ship,  in  order  to  procure  possession  ;  with  an  Answer  SiiS 

by  dissentient  Part-Owners  (owning  less  than  a  moiety)  of  a  Ship, 

in  order  to  obtain  security;  with  a  Stipulation  thereupon             .  356 

by  a  Painter,  for  Painting  and  Furnishing  a  Ship ;  with  an  Answer  357 

in  a  Cause  of  Salvage,  with  a  Claim  and  Answer               .            -  359 


% 


1^  ERRATA. 

Page    28 — 18th  line  from  bottom,  for  county  read  country. 
"       80 — 9th  line  of  "  Assignment  of  a  Deed,"  insert,  after  the  word  less,  the 

following  \_htre  insert  the  chain  of  title], 
"     114 — 13lh  line  from  top,  for  County  (in  the  title  to  the  precedent  on  that 

page)  read  Township. 
"      114 — 17th  line  from  lop,  for  county  read  township. 
"     233 — 4th  line  from  bottom,  for  sustained  read  overruled. 


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28  ACKNOWLEDGMENT. 

ACKNOWLEDGMENT. 

Remarks. 

An  acknowledgment,  is  the  act  a#  the  grantor  going  before  a 
competent  officer,  and  declaring  the  instrtmient  to  be  his  act  and 
deed,  and  desiring  the  same  to  be  recorded  as  such.  The  cer- 
tificate of  the  officer  on  the  instrument  that  such  a  declaration 
has  been  made  to  him,  is  also  called  an  acknowledgment.  The 
acknowledgment  is  indispensable,  before  the  instrument  can  be 
put  upon  record.  Below  will  be  found  the  law  relating  to  the 
officer,  before  whom  the  acknowledgment  must  be  made. 

In  Pennsylvania,  before  a  judge  of  the  Supreme  Court,  the 
Courts  of  Common  Pleas,  the  District  Courts,  or  before  any  Mayor 
or  Alderman,  or  Justice  of  the  Peace  of  the  Commonwealth,  or 
before  the  Recorder  of  the  City  of  Philadelphia. 

When  made  out  of  the  state,  and  within  the  United  States^  the 
acknowledgment  may  be  before  one  of  the  judges  of  the  Supreme 
or  District  Courts  of  the  United  States,  or  before  any  one  of  the 
judges  or  justices  of  the  Supreme  or  Superior  Courts,  or  courts 
of  Common  Pleas  of  any  state  or  territory  within  the  United 
States ;  and  so  certified  under  the  hand  of  the  said  judges,  and 
the  seal  of  the  court. 

Commissioners  appointed  by  the  Governor  of  Pennsylvania, 
residing  in  either  of  the  United  States  or  the  District  of  Columbia, 
are  also  authorized  to  take  acknowledgment  of  deeds.  When 
made  out  of  the  United  States,  the  acknowledgment  may  be 
before  any  consul  or  viQe-consul  of  the  United  States,  duly  ap- 
pointed for  and  exercising  consular  functions  in  the  state,  king- 
dom, county  or  place  where  such  an  acknowledgment  may  be 
made,  and  certified  under  the  public  or  official  seal  of  such  consul 
or  vice-consul  of  the  United  States.  Act  of  January  16th,  1827. 
By  the  act  of  May  28th,  1715,  S.  4,  deeds  made  out  of  the  pro- 
vince [state]  may  be  proved  by  the  oath  or  solemn  affirmation  of 
one  or  more  of  the  witnesses  thereunto,  before  one  or  more  of  the 
justices  of  the  peace  of  this  province  [state],  or  before  any  mayor 
or  chief  magistrate  or  officer  of  the  cities,  towns,  or  places,  where 
such  deed  or  conveyances  are  so  proved.  But  by  construction 
it  is  now  established  that  a  deed  acknowledged  before  such  officer 
is  valid,  although  the  act  declared  it  shall  be  proved.  1  Pet.  R. 
433.  The  certificate  of  the  acknowledgment  of  a  married  woman 
must  state,  1st,  that  she  is  of  full  age ;  2d,  that  the  contents  of 
the  instrument  have  been  made  known  to  her;  3d,  that  she 
has  been  examined  separate  and  apart  from  her  husband ;  and, 
4th,  that  she  executed  the  deed  of  her  own  free  will  and  accord, 
without  any  coercion  or  compulsion  of  her  husband.  When  lands 
are  situated  in  any  other  state,  care  should  be  taken  by  the  pur- 


ACKNOWLEDGMENT.  29 

chaser  to  see  that  the  acknowledgment  is  in  accordance  with  the 
laws  of  that  state  in  which  such  lands  are  situated.  Many  persons 
are  careless  with  regard  to  this^  matter,  and  such  carelessness  may 
involve  them  in  a  law  suit,  if  not  entirely  the  loss  of  such  real 
estate.  For  the  law  of  the  several  states  relating  to  the  officer 
before  whom  the  acknowle^menl  must  be  made,  I  would  refer 
■the  reader  to  Bouvier's  Law  Dictionary,  under  the  title  "Acknowl- 
edgment." 


Acknowledgment  of  a  Deed,  fyc,  by  one  person. 

Erie  County,  ss. 

Before  me,  the  subscriber,  one  of  the  Justices  of  the  Peace  in 
and  for  the  said  county,  personally  came  the  above-named  John 
Jones,  who  in  due  form  of  law  acknowledged  the  above  Indenture 
[letter  of  attorney,  release,  assignment,  &c.,  as  the  case  may  be] 
to  be  his  act  and  deed,  to  the  end  that  the  same  might  be  recorded 
as  such. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  seal 
this  tenth  day  of  January,  A%  D.  one  thousand  eight  hundred  and 
forty  five. 


JOHN  KELLOGG. 


Acknowledgment  by  Husband  and  Wife. 

Lancaster  County,  ss. 

Before  me,  the  subscriber,  one  of  the  Justices  of  the  Peace  in 
and  for  the  said  county,  personally  came  the  above-named  John 
Jones  and  Mary  his  wife,  who  in  due  form  of  law  acknowledged 
the  above  Indenture  to  be  their  act  and  deed,  and  desired  that  the 
same  might  be  recorded  as  such. 

The  said  Mary  being  of  full  age  and  by  me  examined  separate 
and  apart  from  her  said  husband,  and  the  contents  of  the  forego- 
ing indenture  being  first  made  fully  known  to  her,  declared  that 
she  did  voluntarily  and  of  her  own  free  will  and  accord,  seal,  and 
as  her  act  and  deed  deliver  the  same,  without  any  coercion  or 
compulsion  of  her  said  husband.  In  testimony  whereof,  I  have 
hereunto  set  my  hand  and  seal  this,  tenth  day  of  January,  A.  D. 
one  thousand  eight  hundred  and  forty  five. 


<y}^f 


JOHN  SMITH. 


30  ACKNOWLEDGMENT. 

*  An  Affidavit  where  a  Deed  has  not  been  acknowledged,  but 
proved  by  a  subscribing  witness. 

Chester  County,  ss. 

Be  it  remembered,  that  on  the  tenth  day  of  January,  A.  D.  one 
thousand  eight  hundred  and  forty  five,  before  me,  the  subscriber, 
one  of  the  Justices  of  the  Peace  in  and  for  the  said  county,  per- 
sonally came  John  Parke,  of  Auburn,  in  said  county,  yeoman,  one 
of  the  subscribing  witnesses  to  the  execution  of  the  above  inden- 
ture, and  oeing  .duly  sworn  [or  afiirmed]  upon  his  oath  [or  af- 
firmation] according  to  law,  doth  depose  and  say,  that  he  did  see 
John  Jones,  the  grantor  above  named,  sign  and  seal,  and  as  his 
act  and  deed,  deliver  the  above  indenture,  deed,  or  conveyance, 
for  the  uses  and  purposes  therein  mentioned :  and  that  he  did  also 
see  William  Sankey  subscribe  his  name  thereunto  as  the  other 
witness  of  such  sealing  and  delivery,  and  that  the  name  of  this 
deponent  thereunto  set  and  subscribed  as  a  witness,  is  of  this 
deponent's  own  proper  hand-writing.  John  Parke. 

Sworn  [or  affirmed  as  the  case  may  be]  and  subscribed  the  day 
and  year  aforesaid,  before  me.     Witness  my  hand  and  seal. 

JOHN  CORRY,  Justice  of  the  Peace.     HUf 


Another  Affidavit,  where  a  Deed  has  not  been  acknowledged. 

City  of  Philadelphia,  ss. 

Be  it  remembered,  that  on  the  tenth  day  of  January,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  forty  five,  before 
me,  James  Law,  Esquire,  one  of  the  Aldermen  of  the  said  city, 
personally  came  Albert  Whitman,  of  said  city,  and  on  his  solemn 
affirmation,  according  to  law,  doth  depose  and  say,  that  he  was 
present  and  did  see  William  Sankey,  of  the  city  of  New  York, 
merchant,  [the  grantor  in  the  within  indenture  named,]  sign,  seal, 
and,  as  his  act  and  deed,  deliver  the  within  written  indenture, 
deed  or  conveyance,  for  the  uses  and  purposes  therein  mentioned: 
and  that  the  same  was  so  signed,  sealed  and  delivered  in  the  pre- 
sence and  hearing  of  John  Newton,  of  the  cTty  of  Philadelphia, 
merchant,  and  of  this  affirmant ;  and  that  the  name  William  San- 
key set  and  subscribed  to  the  said  indenture,  as  the  party  exe- 
cuting the  same,  is  of  the  proper  hand-writing  of  the  said  William 
Sankey,  and  that  the  names  of  John  Newton  and  Albert  Whitman, 
also  set  and  subscribed  to  the  said  indenture  as  the  witnesses 

•  This  form  of  proving  deeds  is  in  accordance  with  the  Act  of  Assembly  of 
Pennsylvania,  where  deeds  sure  made  oat  of  the  state.  See  act  of  28th^  May,  171  &. 
1  Smith,  p.  94. 


ACKNOWLEDGMENT. 


31 


attesting  the  due  execution  thereof,  are  of  the  respective  hand- 
writing of  the  said  John  Newton  and  of  this  affirmant. 

Albert  Whitman. 

Affirmed  and  subscribed  the  day  and  year  aforesaid,  before  me. 
Witness  my  hand  and  seal. 


JAMES  LAW,  Alderman.     „.^, 


Acknowledgment  by  virtue  of  a  Letter  of  Attorney. 

Berks  County,  ss. 

Before  me,  the  subscriber,  one  of  the  Justices  of  the  Peace  in 
and  for  the  said  county,  personally  came  the  above-named  James 
Hansen,  and  in  his  own  name  and  in  the  names  of  his  constituents, 
the  above-named  John  Jones  and  James  Jones,  in  due  form  of 
law  acknowledged  the  above-written  indenture  to  be  his  own  act 
and  deed,  and  the  act  and  deed  of  his  constituents,  the  said  John 
Jones  and  James  Jones,  by  him,  the  said  James  Hansen,  done  and 
executed  by  virtue  of  a  letter  of  attorney  to  him  for  that  purpose 
granted ;  to  the  end  that  the  same  might  as  such  be  recorded.  In 
testimony  whereof  I  have  hereunto  set  my  hand  and  seal  this 
tenth  day  of  January,  A.  D.  one  thousand  eight  hundred  and 
forty  five. 


WILLIAM  SMITH,  Justice  of  the  Peace. 


Acknowledgment  of  Sheriff^ s  Deed. 

Dauphin  County,  ss. 

Be  it  remembered,  that  on  this  tenth  day  of  January, 
omf  in  the  year  of  our  Lord  one  thousand  eight  hundred 
^^^^-■^-  and  forty-five,  in  open  Court  of  Common  Pleas,  held 
at  Harrisburg,  in  and  for  the  county  of  Dauphin, 
before  the  Judges  of  said  Court,  came  John  Fox, 
Esquire,  Sheriff  of  said  county,  and  acknowledged 
the  above  deed-poll  to  be  his  act  and  deed,  and  desired  that  the 
said  acknowledgment  of  the  said  deed  might  be  entered  of  record 
in  the  proceedings  of  the  said  Court ;  and  the  same  was  there- 
upon entered  accordingly. 

In  testimony  whereof,  I  have  hereunto  set  my  hand,  and  caused 
the  seal  of  the  said  Court  to  be  affixed,  the  same  day  and  year. 

JOHN  JOURDON,  Prothonotary. 


*•  32  ACKNOWLEDGMENT. 


^Acknowledgment  by  a  Corporation. 

City  of  Philadelphia,  ss. 

Be  it  remembered,  that  on  the  tenth  day  of  January,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  forty-five, 
before  me,  John  Jay,  Esquire,  Mayor  of  the  said  qity,  personally 
appeared  Richard  Roe,  Esquire,  President  of  the  above-named 
Corporation,  and,  being  duly  sworn,  deposeth  and  saith,  that  he 
was  personally  present  at  the  execution  of  the  above-written 
indenture  or  deed  of  conveyance,  and  saw  t^e  common  seal  of 
the  said  corporation  of  "  The  President,  Directors  and  Company 
of  the  Bank  of  Pennsylvania"  duly  affixed  thereto,  and  that  the 
seal  so  affixed  thereto  is  the  common  and  corporate  seal  of  the 
said  "The  President,  Directors  and  Company  of  the  Bank  of 
Pennsylvania,"  and  that  the  above-written  indenture  or  deed  of 
conveyance  was  duly  signed,  sealed  and  delivered  by  and  at  and 
for  the  act  and  deed  of  the  said  "  The  President,  Directors  and 
Company  of  the  Bank  of  Pennsylvania,"  for  the  uses  and  pur- 
poses therein  mentioned;  and  that  the  name  of  this  deponent, 
subscribed  to  the  said  deed  as  President  of  the  said  Corporation, 
in  attestation  of  the  due  execution  and  delivery  of  the  said  deed, 
is  of  this  deponent's  own  proper  and  respective  hand-writing. 

Richard  Roe. 

Sworn  and  subscribed  the  day  and  year  aforesaid,  before  me. 
Witness  my  hand  and  seal. 

JOHN  JAY,  Mayor. 


•Acknowledgment  by  Special  Partners. 

Lancaster  County,  ss. 

Before  me,  one  of  the  Justices  of  the  Peace  in  and  for  said 
county,  personally  appeared  the  above-named  A.  B,,  C.  D.  and 
E.  F.,  who  severally,  in  due  form  of  law,  acknowledged  the  fore- 
going certificate  as  and  for  theirs,  and  each  of  theirs  act  and 
deed,  to  the  end  that  the  same  might  be  recorded  as  such. 

Witness  my  hand  and  seal,  this day  of ,  A.  D. 


JOHN  GREEN. 


/^ 


#^ 


ACQUITTANCE.  $$ 


jlcknowledgment  of  a   Writing  in  English,  with,  a  copy  in 
another  language. 

Erie  County,  ss. 

Before  me,  John  Greene,  one  of  the  Justices  of  the  Peace  in 
and  for  the  said  county,  personally  appeared  the  within  named 
William  Smith,  who  in  my  presence  did  acknowledge  the  fore- 
going   ,  whereof  the  annexed  purports  to  be  a  true  trans- 
lation, to  be  his  voluntary  act  and  deed,  and  by  him  delivered 
to  the  within  named  John  Jay,  for  the  purposes  therein  mentioned; 
the  name  and  seal  thereunto  prescribed  and  affixed  being  the 
proper  hand  and  seal  of  him  the  said  William  Smith. 

In  testimony  whereof,  I  have  hereunto  set  ray  hand  and  seal, 
this day  of ,  A.  D. 

JOHN  GREEN.     1^^ 

ACQUITTANCE. 

Acquittance  is  an  agreement  in  writing,  to  discharge  a  party 
from  an  engagement  to  pay  a  sum  of  money ;  it  is  evidence  of 
payment.  It  diflfers  from  a  release  in  this,  that  the  latter  must  be 
under  seal,  while  an  acquittance  is  not  under  seal.  In  Pennsyl- 
vania, a  receipt,  though  not  under  seal,  has  nearly  the  same 
effect  as  a  release.  1  Rawle  JR.  391.  3  Salk.  298. 


•/Acquittance  for  Money  received  on  a  Sale. 

Know  all  men  by  these  presents,  that  I,  John  Jones,  of  Erie, 
in  the  County  of  Erie  and  State  of  Pennsylvania,  do  hereby 
acknowledge  myself,  upon  the  day  of  the  date  hereof,  to  have 
received  of  William  Burns,  of  Concord,  County  and  State  afore-  -«u 
said,  the  sum  of  one  hundred  dollars,  being  the  last  payment,  and 
in  full,  of  five  hundred  dollars  by  him  paid  as  the  consideration 
of  the  purchase  of  a  certain  tract  of  land,  situate  in  Concord 

aforesaid,  and  bounded  by  lands  of ,  containing  fifty  acres 

of  land,  be  the  same  more  or  less,  and  by  me  the  said  John 
Jones  sold  and  conveyed  to  the  said  William  Burns.  And  of  the 
said  whole  sum  of  five  hundred  dollars,  and  every  part  and  parcel 
thereof,  I,  the  said  John  Jones,  do  by  these  presents,  for  me,  my 
heirs,  executors  and  administrators,  acquit  and  discharge  the  said  . 
William  Burns,  his  heirs,  executors  and  administrators,  forever. 

In  testimony  whereof,  I  have  hereunto  set  my  hand,  this  tenth 
day  of  January,  A.  D.  1845. 

John  Jones. 


34  AFFIDAVITS  AND  OATHS. 

tScquittance  for  Money  received  in  part  of  a  Bond. 

Received,  the  first  day  of  January,  A.  D.  1845,  of  William 
Burns,  the  sum  of  one  hundred  dollars,  in  part  payment  of  the 
sum  of  five  hundred  dollars,  due  to  me  by  the  said  William 
Burns,  on  his  bond  dated  the  first  day  of  January,  A.  D.  1844. 

John  Jones. 

Acquittance  for  Interest  due  on  a  Bond. 

Received,  the  tenth  day  of  January,  A.  D.  1845,  of  William 
Burns,  sixty  dollars  in  full,  for  one  year's  interest  of  one  thousand 
dollars,  due  to  me  the  tenth  day  of  January,  A.  D.  1845,  on  bond 
of  the  said  William  Burns,  dated  the  tenth  day  of  January,  A.  D. 
1844.  John  Jones. 


AFFIDAVITS  AND  OATHS. 

Remarks. 

An  affidavit  is  an  oath  or  affirmation  reduced  to  writing ;  sworn 
or  affirmed  to  before  some  officer  who  has  authority  to  adminis- 
ter it. 

An  oath  is  a  solemn  promise,  by  which  he  who  makes  it 
declares  that  he  will  tell  the  truth,  the  whole  truth,  and  nothing 
but  the  truth,  in  relation  to  the  matter  in  question ;  and  by  which 
the  party  who  takes  it,  renounces  the  mercy  or  imprecates  the 
vengeance  of  hearen,  if  he  speaks  not  the  truth.  Oaths  are  taken 
in  various  forms,  upon  the  Gospel,  by  taking  the  book  in  hand ; 
by  holding  up  the  hand ;  and  by  a  simple  affirmation. 

Affidavit^ 

Where  the  debt  or  damages  exceed  100  dollars. 

John  Jones     ^ 

V.  >  In  the  Common  Pleas  of  Erie  County. 

William  Burns  3 
Erie  County,  ss. 

Before  me,  W.  K.,  Esquire,  prothonotary  of  the  Court  of  Com- 
mon Pleas  in  and  for  the  county  of  Erie,  personally  appeared 
John  Jones,  the  plaintiff  above  named,  who  being  duly  sworn 
according  to  law,  deposeth  and  saith,  that  he  doth  truly  believe 
that  the  debt  due  by  William  Burns,  the  defendant  above  named, 
to  him  the  said  John  Jones,  exceeds  the  sum  of  one  hundred  dol- 
lars. [Or  that  the  damage  sustained  by  him,  the  said  John  Jones, 
from  William  Burns,  the  defendant  in  the  above  action,  exceeds, 
&c.]  John  Jones. 

Sworn  and  subscribed  the day  of ,  before  me. 


^4 


W.  K. 


AFFIDAVITS  AND  OATHS.  35 

{j3*  If  a  suit  is  brought  in  the  Court  of  Common  Pleas,  with- 
out the  above  affidavit  being  previously  filed,  and  the  plaintiff 
recovers  less  than  j^lOO,  he  shall  recover  no  costs. 

Affidavit  to  an  Account. 

York  County,  ss. 

On  the  tenth  day  of  January,  A.  D.  1845,  before  me,  the  sub- 
scriber, one  of  the  Justices  of  the  Peace,  in  and  for  the  said  county, 

personally  came  A.  B.  of ,  and  being  duly  sworn  according  to 

law,  deposeth  and  saith,  that  the  above  account  as  stated,  is  just 

and  true,  that  the  above  sum  of dollars  is  now  justly  due 

and  owing  to  this  deponent  by  the  above-named  C.  D.,  and  that 
the  said  A.  B.  never  received  the  same,  or  any  part  thereof,  either 
directly  or  indirectly,  nor  any  other  person  for  him,  by  his  order, 
consent  or  direction,  or  to  his  knowledge,  and  further  saith  not. 

A.  B. 

Sworn  and  subscribed  before  me,  the  day  and  year  aforesaid. 

WILLIAM  PATTERSON. 

General  form  of  an  Affidavit  to  a  Petition,  ^c. 

Adams  County,  ss. 

Before  me,  the  subscriber,  one  of  the  Justices  of  the  Peace,  in 
and  for  the  said  county,  personally  appeared  John  Jones  above 
named,  who  being  duly  sworn  according  to  law,  doth  depose  and 
say  that  the  facts  set  forth  in  the  above  petition,  [or  as  the  case 
may  be,]  are  true  to  the  best  of  his  knowledge  and  belief. 

John  Jones. 

Sworn  and  subscribed  before  me,  this  10th  day  of  January, 
A.  D.  1845. 

JOHN  CLINE. 

Affidavit  on  an  Appeal  from  an  Award  of  Arbitrators. 

Berks  County,  ss. 

Before  John  King,  Prothonotary  of  the  Common  Pleas  of  the 
county  aforesaid,  appeared  John  Jones,  the  defendant  in  the  above 
case,  who  being  duly  sworn,  'doth  depose  and  say,  that  it  is  not 
for  the  purpose  of  delay  that  the  appeal  in  the  above  case  is 
entered,  but  because  he  firmly  believes  injustice  has  been  done 
him,  and  that  he  has  a  just  and  legal  defence  to  the  plaintiff's 
demand,  the  nature  and  character  of  which  is,  [here  set  forth  the 
ground  of  defence,]  and  further  saith  not. 

John  Jones. 

Sworn  and  subscribed  the  15th  day  of  January,  A.  D.  1845. 

JOHN  KING,  Prothonotary. 


M- 


^# 


36  AFFIDAVITS  AND  OATHS. 


Jin  t^ffidavit  of  Defence. 


John  Doe 

V. 


In  the  Common  Pleas  of  Centre  County,  of 
Richard  Roe  ^  "^^"^^^  ^^^"^^  1^^^'  ^^^  ^^' 
Before  John  Pacher,  Prothonotary  of  the  Common  Pleas  of 
Centre  County,  personally  appeard  Richard  Roe,  the  defendant 
above  named,  who  being  duly  sworn  according  to  law,  doth  de- 
pose and  say,  that  he  has  a  just  and  legal  defence  to  the  whole  of 
the  plaintiff's  demand  in  the  above  suit,  [or  so  much  to  which  a 
defence  is  made,]  the  nature  and  character  of  which  is,  [here  state 
the  facts  on  which  the  defence  is  founded  in  a  clear  manner,  so 
that  it  may  be  an  answer  to  the  plaintiff's  demand,]  and  further 
saith  not.  Richard  Roe. 

Sworn  and  subscribed  the  15th  day  of  January,  A.  D.  1845. 

JOHN  PACHER,  Prothonotary. 


*^ffidavit  of  the  service  of  Notices,  S^c. 

Cumberland  County,  ss. 

Before  me,  the  subscriber,  one  of  the  Justices  of  the  Peace  in 
and  for  the  said  county,  personally  appeared  Alfred  King,  who 
being  duly  sworn,  doth  depose  and  say,  that  he  served  the  within 

on  John  Jones,  within  named,  on  the  tenth-  day  of  January, 

A  D.  one  thousand  eight  hundred  and  forty -five,  by  leaving  a  true 
and  attested  copy  thereof,  at  his  dwelling-house  in  Carlisle,  in  the 
presence  of  an  adult  member  of  his  family. 

Alfred  King. 

Sworn  and  subscribed  this  10th  day  of  January,  1845. 

JOHN  DOE. 


•Affidavit  of  Administrators,  Executors,  or  a  Guardian  to 
a  final  Account. 

Erie  County,  ss. 

Before  me,  the  subscriber,  one  of  the  Justices  of  the  Peace  in 
and  for  the  said  county,  personally  appeared  John  Duncan  and 
James  Jones,  administrators  aforesaid,  [or  executors  or  guardian, 
as  the  case  may  be],  who  doth  depose  and  say  that  the  above 
stated  account  is  just  and  true,  to  the  best  of  their  knowledge  and 
belief.  John  Duncan, 

James  Jones. 

Sworn  and  subscribed,  this  10th  day  of  January,  A.  D.  1845. 

THEODORE  RYMAN. 


AFFIDAVITS  AND  OATHS.  2tt 


Affidavit  of  an  Mien  on  Petition  to  become  a  Citizen. 

Franklin  County,  ss. 

I,  John  Sampson,  above  mentioned,  being  sworn  in  open  court, 
do  declare'  and  say,  that  the  facts  stated  in  the  above  petition  are 
true ;  that  I  was  a  resident  in  the  United  States  prior  to  and  on* 

the day  of ,  A.  D. ,  and  have  continued  to  reside 

within  the  same ;  that  I  will  support  the  Constitution  of  the 
United  States;  that  I  do  hereby  renounce  and  relinquish  any 
title  or  order  of  nobility  to  which  I  am  or  hereafter  may  be  enti- 
tled, and  that  I  do  absolutely  and  entirely  renounce  and  abjure 
all  allegiance  and  fidelity  to  any  foreign  prince,  potentate,  state  or 
sovereignty  whatever,  and  particularly  to  the  Queen  of  Great 
Britain  [or  as  the  case  may  be]  of  whom  I  was  before  a  subject. 


*^ffidavit  of  a  Citizen  on  the  application  of  an  Mien. 

Franklin  County,  ss. 

John  Richards,  a  citizen  of  the  United  States,  being  duly  sworn 
according  to  law,  saith  that  he  is  well  acquainted  with  the  within 
named  petitioner,  John  Sampson ;  that  the  said  John  Sampson 
was  residing  within  the  limits  and  under  the  jurisdiction  of  the 

United  States,  between  the day  of ,  A.  D. and  the 

day  of ,  A.  D. ,  and  has  continued  to  reside  therein, 

and  that  he  is  a  man  of  good  moral  character,  attached  to  the 
principles  of  the  Constitution  of  the  United  States,  and  well  dis- 
posed to  the  good  order  and  happiness  of  the  same. 


Affidavit  where  a  Witness  to  a  Deed  is  deceased  or  absent. 

Washington  County,  ss. 

Be  it  remembered,  that  on  the  tenth  day  of  January,  A.  D.  one 
thousand  eight  hundred  and  forty-five,  before  me,  the  subscriber, 
one  of  the  Justices  of  the  Peace  in  and  for  said  county,  personally 
appeared  Richard  Sill,  of  full  age,  who  being  duly  sworn,  accord- 
ing to  law,  doth  depose  and  say,  that  he  is  well  acquainted  with 
the  hand-writing  of  Alfred  King,  one  of  the  subscribing  witnesses 

to  the  within ,  having  frequently  seen  him  write,  and  that  he 

verily  believes  that  the  name  of  the  said  Alfred  King,  signed  to 
the  same  as  one  of  the  attesting  witnesses,  is  the  proper  hand- 
writing-of  the  said  Alfred  King,  who  is  now  absent,  [or  deceased, 
as  the  case  may  be].  .  Richard  Sill. 

Sworn  and  subscribed  before  me,  the  day  and  year  aforesaid. 

JOHN  THOM. 


*^ 


!►• 


38  AFFIDAVITS  AND  OATHS. 

Affidavit  of  Partner  under  the  limited  partnership  law. 

Allegheny  County,  ss. 

Before  me,  the  subscriber,  one  of  the  Justices  of  the  Peace  in 
and  for  the  said  county,  personally  appeared  the  above-named 
John  Duncan,  one  of  the  general  partners  of  the  firm  of ,  re- 
ferred to  in  the  preceding  agreement,  and  being  duly  sworn,  did 
depose  and  say,  that  the  several  sums  of  money  specified  therein 
to  have  been  contributed  by  each  of  the  special  partners  therein, 

named  to  the  common  stock,  to  wit :  the  sum  of ,  &c.  &c., 

have  been  so  contributed,  and  actually,  and  in  good  faith  paid  in 
cash.    Sworn,  &c.  JOHN  DUNCAN. 

An  Affidavit  to  sustain  a  Writ  of  Certiorari. 

Westmoreland  County,  ss. 

John  Stewart,  above  named,  maketh  oath  and  saith  that  it  is 
not  for  the  purpose  of  delay,  that  he  applies  for  the  above-men- 
tioned writ  of  Certiorari,  but  that  the  proceedings  proposed  to  be 
removed,  are  to  the  best  of  his  knowledge  unjust  and  illegal,  and, 

if  not  removed,  will  oblige  the  said to  pay  more  money  than 

is  justly  due,  and  further  saith  not.  John  Stewart. 

Sworn  and  subscribed  before  me,  this  10th  day  of  January,  1845. 

JAMES  MARSHALL,  Prolh'y. 

An  Affidavit  on  an  Appeal  from  the  Orphan's  Court  to  the 
Supreme  Court. 

In  the  matter  of  the  estate  of 

Lancaster  County,  ss. 

John  Jones,  being  duly  sworn,  doth  depose  and  say,  that  his 
appeal  entered  this  day,  from  the  sentence  or  appeal  of  the  Or- 
phan's Court  [specifying  the  nature  thereof]  is  not  intended  for 
delay,  but  because  he  verilv  believes  that  injustice  has  been  done 
him.  '  JOHN  JONES. 

Sworn,  &c. 

Affidavit  of  the  Publication  of  Notice. 

Bucks  County,  ss. 

A.  B.  v.  C.  D.     In  the  Common  Pleas  of county  of 

Term,  1844.     No. . 

E.  F.,  being  duly  sworn  according  to  law,  saith  that  hp  is  the 

pubhsher  of  a  weekly  newspaper  in ,  called  the ,  and 

that  the  above  notice  was  published  in  said  newspaper  for 

weeks,  ending  the day  of ,  E.  F. 

Sworn  and  subscribed  before  me,  this  10th  day  of  January, 
A.  D.  1845. 

ISAAC  LIGHTNER,  Justice  of  the  Peace. 


AFFIDAVITS  AND  OATHS.  39 

Affidavit  by  Wife,  in  Jiction  by  Husband  and  Wife  for  Work 
by  her  before  Marriage. 

Philadelphia  City,  ss, 

H.  F.,  the  wife  of  A.  B.  of  the  city  of  Philadelphia,  dry  goods 
merchant,  being  duly  sworn  (or  affirmed)  according  to  law,  de- 
poses and  says,  that  C.  D.  is  justly  and  truly  indebted  to  the  said 
A.  B.  and  this  deponent  in  five  hundred  dollars,  for  work  hereto- 
fore done  by  this  deponent  whilst  she  was  sole  and  unmarried, 
for  the  said  C.  D.  at  his  request,  H.  F. 

Sworn  and  subscribed  before  me,  this  10th  day  of  January,  1845. 

JOHN  JAY,  Justice  of  the  Peace. 

Affidavit  to  support  a  Writ  of  Domestic  Attachment. 

Allegheny  County,  ss. 

A.  B.  V.  C.  D.  A.  B.,  the  plaintiff  above  named,  being  duly 
sworn,  according  to  law,  saith,  that  C.  D.,  the  defendant  in  the 
above  suit,  is  now  justly  indebted  to  him,  the  said  plaintiff",  in  the 

sum  of dollars,  and cents,  for  divers  goods,  wares,  and 

merchandize,  sold  and  delivered  by  him  to  the  said  defendant  at 

his  request  on  the day  of ,  A.  D.  1844.     That  the  said 

defendant  kept  a  store  in street,  in  the of ,  and  on 

or  about  the day  of ,  absconded  or  departed  from  his 

usual  place  of  abode,  or  secreted  himself  (as  the  case  may  be,  see 
1  Miles,  p.  75)  with  intent  to  defraud  his  creditors,  as  the  deponent 
verily  believes.  That  the  said  defendant  has  not  left  in  this 
county  a  clear  freehold  estate  sufficient  to  pay  his  debts,  and  fur- 
ther saith  not.  A.  B. 

Sworn  and  subscribed  before  me  this  10th  day  of  January,  1845. 
JOHN  HIGHLANDS,  Justice  of  the  Peace. 


Affidavit  on  an  Appeal. 

Mercer  County,  ss. 

In  the  matter  of  the of  A.  B.  of in  the of . 

C.  D.,  being  duly  sworn  according  to  law,  saith,  that  the  appeal 
made  in  this  case  is  not  for  the  purpose  of  delay,  but  because  he 
verily  believes  that  injustice  has  been  done  him.  C.  D. 

Sworn  and  subscribed  this  10th  dav  of  January,  A.  D.  1845. 
JOHN  STEWART,  Justice  of  the  Peace. 


40  AFFIDAVITS  AND  OATHS. 


Affidavit  by  executor  or  administrator  of  his  Cause  of*jiction. 

Jefferson  County,  ss. 

A.  B.,  of ,  executor,  &c.,  (or  Administrator,  &c.,)  of  C.  D., 

deceased,  maketh  oath  an^  saith,  that  E.  F.  is  justly  and  truly 
indebted  to  this  deponent  a^  executor  as  aforesaid,  in  the  sum  of 

dollars  for to  th6  said  E.  F.  by  the  said  C.  D.  in  his 

life  time  delivered,  as  appears  by  the  books  of  the  said  C.  D.,  and 
as  this  deponent  verily  believes.  A.  B. 

Sworn  and  subscribed  before  me  this  10th  day  of  January,  A. 
D.  1845.  JOHN  JAY,  Justice  of  the  Peace. 

4^                      Common  form  of  Oath  by  kissing  the  Book. 
You  do  swear  that,  &c. .     So  help  you  God. 

Oath  of  a  Witness  on  a  Trial. 

You  do  swear,  that  the  evidence  which  you  shall  give  to  the 
court  and  jury,  in  this  issue  joined,  wherein  A.  B.  is  plaintiff  and 
C.  D.  is  defendant,  shall  be  the  truth,  the  whole  truth,  and  nothing 
but  the  truth.    So  help  you  God. 

Oath  of  voir  dire.* 

You  do  swear,  that  you  will  true  answers  make  to  all  such 
questions  as  shall  be  asked  you  by  the  court,  touching  the  matter 
now  before  them.    So  help  you  God. 

Form  of  Oath  by  lifting  up  the  right  hand. 

You  do  swear,  by  Almighty  God,  the  searcher  of  all  hearts,  that 

you  will,  &c. ,  and  that  as  you  shall  answer  to  God  at  the 

great  day. 

Form  of  Affirmation. 

You  do  solemnly,  sincerely  and  truly  declare  and  affirm,  that, 
&c. 

(j!J*  According  to  the  laws  of  Pennsylvania,  only  such  "  as 
conscientiously  refuse  to  take  an  oath,"  can  be  admitted  to  affirm. 
See  Jiead's  Digest,  2. 

♦  Where  a  party  prays,  tipon  a  trial  at  law,  that  a  witness  may  be  sworn  as 
to  whether  he  will  gain  or  lose  by  the  matter  in  controversy,  this  is  called  a  voir 
dire.-  and  if  it  appears  that  the  witness  is  disinterested,  his  testimony  is  allowed, 
otherwise  not.    3  Blackstone's  Com.  332. 


AFFIDAVITS  AND  OATHS.  41 

Oaih  of  Foreman  of  a  Grand  Jury. 

You  do  swear,  that  as  foreman  of  this  grand  inquest  you  will 
diligently  inquire,  and  true  presentment  make,  as  well  of  all  such 
matters  and  things  as  shall  be  given  you  in  charge,  as  of  those 

things  which  you  shall  know  to  be  presentable   here the 

Commonwealth's  counsel,  your  fellows'  and  your  own,  you  shall 

keep  secret you  shall  present  no  one  for  envy,  hatreij,  malice 

or  ill  will ;  neither  shall  you  leave  any  one  unpresented  through 

fear,  favour,  affection,  reward,  gain,  or  any  hope  thereof but 

you  shall  present  all  things  truly  as  they  shall  come  to  your 
knowledge,  to  the  best  of  your  understanding.    So  help  you  God. 

Oath  of  the  other  Jurors. 

You,  and  each  of  you,  do  swear,  that  the  same  oath  which  your 
foreman  hath  taken  to  observe  and  keep  on  his  part,  you  and 
every  of  you  will  well  and  truly  observe  and  keep  on  your  part. 
So  help  you  God. 

Oath  of  Traverse  Jury  in  the  Civil  Courts. 

You,  and  every  of  you,  do  swear,  that  you  will  well  and  truly 
try  the  issue  joined  between  A.  B.  plaintiff,  and  C.  D.  defendant, 
and  a  true  verdict  give  according  to  the  evidence,  unless  dismissed 
by  the  court,  or  the  cause  be  withdrawn  by  the  parties.  So  help 
you  God, 

Another  form  of  Oath  of  Traverse  Jury  in  the  Criminal  Courts. 

You  do  swear,  that  you  will  well  and  truly  try,  and  true  de- 
liverance make,  between  the  commonwealth  of  Pennsylvania  and 
the  prisoner  at  the  bar,  whom  you  shall  have  in  charge,  and  a 
true  verdict  give  according  to  the  evidence.    So  help  you  God. 

Oaths  of  Referees  under  the  Act  ©/"ISIO. 

You,  and  each  of  you,  do that  you  will  well  and  truly  try 

all  matters  here  in  variance  between plahitiff,  and de- 
fendant, according  to  the  best  of  your  judgment  and  the  evidence 
that  shall  be  laid  before  you.    So  help,  &c. 

Oaths  of  Referees  in  Trespass. 

You,  and  each  of  you,  do that  you  will  justly  and  truly 

assess  the  damages  [if  any]  here  alleged  to  have  been  sustained 

by against ,  according  to  the  best  of  your  judgment  and 

the  evidence  which  shall  be  laid  before  you.     So  help,  &c. 


4^  AFFIDAVITS  AND  OATHS. 


Oath  of  Referees  in  Trover  and  Conversion. 

You,  and  each  of  you,  do that  you  will  justly  and  truly 

assess  the  value  of  the  property  in  dispute  between plaintiff, 

and defendant,  according  to  the  best  of  your  judgment,  and 

the  evidence  which  shall  be  laid  before  you.     So  help,  &c. 


Oaths  of  Jurors  in  proceedings  to  recover  Possession  after  sale 

by  Sheriff. 

You,  and  each  of  you,  do that  you  will  well  and  truly 

inquire  of  and  concerning  the  premises  in  this  summons  mentioned, 
and  assess  such  damages  [if  any]  as  the  complainant  hath  sus- 
tained thereby.     So  help,  &c.    • 


Oath  of  Claimant  of  land  sold  by  Sheriff,  in  proceedings  to 
deliver  possession  under  the  Act  oflQth  June,  1836. 

I,  A.  B.,  do ,  that  I  verily  believe  that  I  am  legally  entitled 

to  hold  the  premises  in  dispute  against  the  petitioner,  that  I  do 
not  claim  the  same  by,  from,  or  under  the  defendant,  as  whose 
property  the  same  was  sold,  by  title  derived  to  me  subsequently 
to  the  rendition  of  the  judgment,  under  which  the  same  were  sold, 
but  by  a  different  title,  &c.  {as  the  case  may  be.) 


Oaths  of  Jurors  under  Landlord  and  Tenant  *B.ct  of  1825. 

You,  and  each  of  you,  do that  you  will  well  and  truly 

inquire  of  and  concerning  the  premises  in  this  precept  mentioned, 
and  assess  such  damages  [if  any]  as  the  complainant  hath  sus- 
tained thereby. 


Oath  of  Inquest  in  Partition  in  the  Common  Pleas. 

You,  and  every  of  you,  do that  you  will  well  and  truly 

view  and  inquire  whether  the  lands  and  tenements  m  this  writ  of 
partition  mentioned,  can  be  divided  to  and  among  the  parties  in 
the  said  writ  named  without  prejudice  to  or  spoiling  the  whole, 
and  if  you  find  that  the  same  can  be  so  divided,  that  then  you 
will  make  partition  thereof  accordingly  ;  but  if  you  find  that  the 
same  cannot  be  so  divided  according  to  the  command  of  the  writ, 
that  then  you  will  make  a  just  valuation  and  appraisement  thereof,' 
according  to  the  best  of  your  knowledge,  &c. 


AFFIDAVITS  AND  OATHS.    ^  ^,  43 


Oath  of  Inquest  on  Real  Estate  under  Execution. 

You,  and  each  of  you,  do that  you  will  true  inquiry  make 

whether  the  rents,  issues  and  profits  of  the  lands,  tenements  and 

hereditaments,  taken  in  execution  by  the  sheriff  of county 

by  virtue  of  certain  writs  of  fieri  facias,  which  will  be  laid  before 
you,  are  of  a  clear  yearly  value,  beyond  all  reprizes,  sufficient 
within  the  space  of  seven  years  to  pay  or  satisfy  the  debts  or 
damages  in  the  said  writs  respectively  mentioned,  with  costs  of 
suit,  and  a  true  inquisition  thereof  make,  according  to  the  best  of 
your  judgment,  &c. 


Oath  of  Inquest  on  JVrit  of  Inquiry. 

You,  and  each  of  you,  do that  you  will  diligently  inquire 

what  damages  A.  B.;  the  plaintiff  in  this  writ  named;  hath  sus- 
tained against  C.  D.,  the  defendant  in  said  writ  named,  as  well  by 
occasion  of  the  premises  in  the  said  writ  specified,  as  for  his  costs 
and  charges  by  him  about  his  suit  in  that  behalf  expended,  and  a 
true  inquisition  make,  according  to  law,  &c. 


Oath  of  Inquest  on  Writ  of  Liberari  Facias. 

You,  and  each  of  you,  do that  you  will  diligently  inquire, 

and  to  the  best  of  your  knowledge  ascertain,  the  clear  yearly 
value  of  a  messuage,. plantation  and  tract  of  land,  situate,  &c., 
with  the  appurtenances,  in  a  certain  writ  of  liberari  facias, 
wherein  A.  B.  is  plaintiff,  and  C.  D.  is  defendant  mentioned,  and 
a  true  inquisition  thereof  make,  according  to  law  and  the  best  of 
your  judgment,  &c. 


Oath  of  Arbitrators. 

You,  and  each  of  you,  do  swear,  by  Almighty  God,  the  searcher 
of  all  hearts,  that  in  this  suit,  in  which  A.  B.  is  plaintiff  and  C.  D. 
is  defendant,  you  will  justly  and  equitably  try  all  matters  in  vari- 
ance submitted  to  you  between  the  parties,  and  a  true  award 
make,  according  to  the  evidence,  and  that  as  you  shall  answer  to 
God  at  the  great  day. 


Oath  of  Executors  or  Administrators. 

You,  and  each  of  you,  do  swear,  by  Almighty  God,  the  searcher 
of  all  hearts,  that  as  Executors  [or  administrators  as  the  case  may 
be]  of  A.  B.,  deceased,  you  will  well  and  truly  administer  the 
goods  and  chattels,  rights  and  credits,  of  the  said  decedent,  accord- 


w^^j^n^^^ 


44  AFFIDAVITS  AND  OATHS. 

ing  to  law ;  and  diligently  and  faithfully  regard,  and  well  and 
truly  comply  with  the  provisions  of  the  law  relating  to  collateral 
inheritances,  and  that  as  you  shall  answer  to  God  at  the  great 
day. 

(CJ°  A  Jew  must  be  sworn  on  the  Old  Testament,  and  with  his 
hat  on.  2  Sir.  821.  A  Mahometan  must  be  sworn  upon  the  Ko- 
ran. 2  Sir.  1104.  The  evidence  of  a  Gentoo,  sworn  according 
to  the  ceremonies  of  his  own  religion,  is  admissible.  1  ^tk.  21. 

Oalh  of  a  Constable  attending  upon  a  Jury. 

You  do  swear,  that  you  will  keep  this^  jury  in  some  private 
and  convenient  place,  and  remain  there  in  attendance  upon  them, 
that  you  will  sutfer  no  one  to  speak  to  them,  nor  speak  to  them 
yourself,  unless  it  be  to  ask  them  if  they  have  agreed  on  their 
verdict.     So  help  you  God. 

Oath  of  a  Witness  to  the  Grand  Jury. 

You  do  swear,  that  the  testimony  you  shall  give  to  the  grand 

inquest  for  the  body  of  the  county  of ,  upon  such  bills  of 

indictment,  whereunto  you  shall  be  examined,  shall  be  the  truth, 
the  whole  truth,  and  nothing  but  the  truth.    So  help  you  God. 

Oath  of  an  %8.ttorney-at-law  on  his  admission  to  the  Bar. 

You  do  swear,  [or  affirm,]  that  you  will  support  the  Constitu- 
tion of  the  United  States,  and  the  constitution  of  this  common- 
wealth, and  that  you  will  behave  yourself  in  the  office  of  attorney 
within  these  courts,  according  to  the  best  of  yx)ur  learning  and 
ability,  and  with  all  good  fidelity,  as  well  to  the  court  as  to  the 
client,  that  you  will  use  no  falsehood,  nor  delay  any  person's 
cause  for  lucre  or  malice. 


Oath  of  Clerk  of  Markets. 

You  do  swear,  that  you  will  well  and  truly,  to  the  best  of  your 
skill  and  judgment,  do  and  perform  all  things  enjoined  and  re- 
quired of  you  as  clerk  of  the  market,  by  the  laws  of  this  state. 
So  help  you  God. 

Oath  of  Constable. 

You  do  swear,  that  you  will  support  the  Constitution  of  the 
United  States,  and  the  Constitution  of  this  commonwealth,  and 
perform  the  duties  of  the  office  of  constable,  for  the  township 

of ,  the  ensuing  year  with  fidelity,  and  until  you  jshall  be 

legally  discharged.     So  help  you  God. 


m 


AFFIDAVITS  AND  OATHS,  45 


Oath  of  Overseer  of  the  Poor. 

You  do  swear,  that  you  will  support  the  Constitution  of  the 
United  States,  and  the  constitution  of  this  commonwealth,  and 
perform  the  duties  of  the  office  of  overseer  of  the  poor  with  fideli- 
ty.    So  help  you  God. 


Oath  of  Appraisers  of  goods  distrained  for  rent. 

Yoii,  A.  B.,  do  swear,  that  you  will  well  and  truly,  according  to 
the  best  of  your  understanding,  appraise  the  goods  and  chattels  of 
C.  D.,  distrained  on  for  rent,  by  E.  F.     So  help  you  God. 

(0*  This  oath  the  sheriff  or  constable,  who  is  aiding  and  assist- 
ing in  making  the  distress,  is  empowered  and  required  to  admin- 
ister. 


Oath  of  Deputy  Surveyor. 

e 
tiality  to  all  men. 


I,  A.  B.,  do  swear,  [or  affirm,]  that  I  will  do  and  perform  the 
duties  of  the  office  of  deputy-surveyor,  with  fidelity  and  impar- 


Oath  of  Notary  Public. 

You  do  swear,  that  you.  shall  and  will  well  and  faithfully  per- 
form the  duties  of  your  office  of  notary  public,  and  that  you  shall 
and  will  support  the  constitution  of  the  commonwealth  of  Penn- 
sylvania.    So  help  you  God. 


Oath  of  Sheriff  and  County  Commissioners  before  the  selection 
.    of  Jurors. 

You,  and  each  of  you,  do  swear,  [or  affirm,]  that  you  will  use 
your  utmost  endeavours  and  diligence  in  making  an  impartial 
selection  of  competent  persons  for  jurors  during  the  ensuing  year, 
and  that  you  will  not  suffer  partiality,  favour,  affection,  hatred, 
malice,  or  ill-will  in  any  case  or  respect  whatever,  to  influence 
you  hi  selecting,  drawing  or  returning  of  jurors ;  but  that  you 
will,  in  all  respects,  honestly  conform  to  the  true  intent  and  mean- 
ing of  the  Acts  of  Assembly,  in  such  case  made  and  provided. . 


46  AGREEMENTS. 

ARTICLES  OF  AGREEMENTS  AND  CONTRACTS. 
Remarks. 

A  contract  is  an  agreement  upon  sufficient  consideration  to  do 
or  not  to  do  a  particular  thing. 

There  are  agreements  by  specialty,  made  by  instrument  under 
seal ;  and  agreements  without  specialty,  made  by  instrument  with- 
out seal  or  by  parol. 

Agreements  by  seal,  are  generally  of  a  higher  consideration  in 
law  than  agreements  without  a  seal  or  by  parol ;  and  it  is,  there- 
fore, advisable  in  contracts  to  add  a  seal. 

In  effect,  there  is  no  difference  between  an  agreement  in  writ- 
ing without  a  seal,  and  by  parol ;  except  that  the  former  can  be 
more  easily  proved,  and  is,  therefore,  to  be  preferred. 

Care  should  be  taken  to  have  the  agreement  or  contract  clearly 
understood  and  expressed.  The  want  of  care  is  a  fruitful  source 
of  difficulty  and  law  suits. 

To  render  an  agreement  complete,  six  things  must  concur:  there 
must  be,  1st,  a  person  able  to  contract;  2d,  a  person  able  to  be 
contracted  with ;  3d,  a  thing  to  be  contracted  for;  4th,  a  lawful 
consideration ;  5th,  clear  and  explicit  words  to  express  the  agree- 
ment; and  6th,  the  assent  of  the  contracting  parties.  Plowd. 
161;   Co.  Lilt.  35,  b. 

Jirticles  of  Agreement  for  the  sale  of  Land. 

Articles  of  agreement,  made  and  entered  into  the  first  day  of 
May,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
forty-four,  between  John  Jones  of  Erie,  in  the  county  of  Erie, 
and  State  of  Pennsylvania  of  the  one  part,  and  William  Burns  of 
the  same  place,  of  the  other  part,  as  follows,  to  wit  : 

The  said  John  Jones,  for  the  consideration  hereinafter  men- 
tioned, doth  for  himself,  his  heirs,  executors  and  administrators, 
covenant,  promise,  grant  and  agree,  to  and  with  the  said  William 
Burns,  his  heirs  and  assigns,  by  these  presents,  that  he,  the  said 
John  Jones,  shall  and  will,  on  or  before  the  first  day  of  May,  one 
thousand  eight  hundred  and  forty-six,  at  the  proper  costs  and 
charges  of  the  said  John  Jones,  his  heirs  and  assigns,  by  good 
and  lawful  deed  or  deeds,  well  and  sufficiently  grant,  convey  and 
assure,  unto  the  said  William  Burns,  his  heirs  and  assigns  in  fee 
simple,  clear  of  all  incumbrances,  all  that  messuage  or  piece  of 
land  situate  in  Erie  aforesaid,  and  bounded  and  described  as  fol- 
lows, [here  describe  the  premises  by  its  boundaries.] 

In  consideration  whereof,  the  said  William  Burns,  for  himself, 
his  heirs,  executors  and  administrators,  doth  covenant,  promise, 
and  agree,  to  and  with  the  said  John  Jones,  his  heirs  and  assigns, 


AGREEMENTS. 


47 


by  these  presents,  that  he,  the  said  William  Burns,  his  heirs,  exe- 
cutors and  administrators,  or  some  of  them,  shall  and  will  well 
and  truly  pay,  or  cause  to  be  paid,  unto  the  said  John  Jones,  his 
executors,  administrators  or  assigns,  the  sum  of  one  thousand  dol- 
lars, in  manner  following,  to  wit :  two  hundred  dollars  on  the 
execution  of  this  agreement,  four  hundred  dollars  on  the  first  day 
of  May,  one  thousand  eight  hundred  and  forty-five,  and  the 
remaining  four  hundred  dollars,  on  the  first  day  of  May,  one 
thousand  eight  hundred  and  forty-six,  with  annual  interest  on  the 
whole  sum ;  and  the  payment  of  the  said  several-  sums  of  money, 
is  declared  to  be  a  condition  precedent  to  the  execution  of  the 
deed  or  deeds  of  conveyance  aforesaid,  by  the  said  John  Jones. 

And  for  the  true  performance  of  all  and  every  the  covenants 
and  agreements  aforesaid,  each  of  the  said  parties  bindeth  him- 
self, his  heirs,  executors  and  administrators,  unto  the  other,  his 
executors,  and  administrators  and  assigns,  in  the  penal  sum  of  two 
thousand  dollars,  lawful  money  of  the  tJnited  States,  firmly  by 
these  presents.  In  witness  whereof,  the  said  parties  to  these  pre- 
sents have  hereunto  set  their  hands  and  seals.  Dated  the  day 
and  year  first  above  written. 

Signed,  sealed  and  de- 
livered, in  the  presence  of 

James  Stiles. 


JOHN  JONES. 


WILLIAM  BURNS. 


Another  »^greement  for  the  sale  of  Land. 

Agreement,  made  and  entered  into  the  tenth  day  of  June, 
A.  D.  1844,  between  John  Jones,  of  Erie,  of  the  one  part,  and 
William  Burns,  of  the  same  place,  of  the  other  part ;  witnesseth, 
that  the  said  John  Jones,  in  consideration  o£  the  sum  of  one  hun- 
dred dollars  now  paid,  and  two  hundred  and  forty  dollars  to  be 
paid  when  a  deed  is  executed,  doth  grant,  bargain,  and  sell  to  the, 
said  William  Burns,  his  heirs  and  assigns,  all  that  piece  of  ground 
situated  in  Erie,  and  bounded  as  follows,  viz :  [here  describe  t|ie 
premises  by  its  boundaries,]  together  with  all  and  singular,  the 
appurtenances  thereunto  belonging,  or  in  any  wise  appertaining. 

And  the  said  parties  hereby  bind  themselves,  their  heirs,  execu- 
tors, and  administrators,  lor  the  performance  of  all  and  ev^ ry  of 


48 


^^       AGREEMENTS 


the  above  agreement,  as  witness  their  hands  and  seals  this  tenth 
day  of  June,  1844. 

Signed,  sealed  and  de- 
livered, in  presence  of 

James  Stiles. 


JOHN  JONES. 


WILLIAM  BURNS. 


^^^fjs" 


«• 


Received  June  10th,  1844,  of  William  Burns,  one  hundred  dol- 
lars, the  first  payment  above  mentioned.  John  Jones. 

Another  Agreement  for  the  sale  of  land. 

Articles  of  agreement,  made  and  concluded  the  tenth  day  of 
May,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
forty-four,  between  John  Jones,  of  Erie,  in  the  county  of  Erie  and 
State  of  Pennsylvania,  of  the  one  part,  and  William  Burns,  of  the 
same  place,  of  the  other  part,  as  follows,  to  wit :  The  said  John 
Jones  agrees  to  sell  to  the  said  William  Burns  all  that  certain  mes- 
suage or  piece  of  land  situated,  &c.,  [here  describe  the  premises,] 
with  the  appurtenances,  for  the  sum  of  five  hundred  dollars,  and 
will,  on  or  before  the  fourth  day  of  October  next,  on  the  receipt  of 
the  said  sum  of  five  hundred  dollars,  at  the  charges  of  the  said 
William  Burns,  execute  a  proper  conveyance  thereof,  with  cove- 
nant of  general  warranty,  and  against  incumbrances,  to  the  said 
William  Burns,  his  heirs  and  assigns,  and  the  said  William  Burns 
agrees  that,  on  the  execution  of  such  conveyance,  he  will  pay 
the  said  sum  of  five  hundred  dollars  to  the  said  John  Jones  or 
his  assigns. 

And  it  is  further  agreed,  that  the  conveyance  shall  be  prepared 
by,  and  at  the  expense  of  the  said  William  Burns,  to  the  appro- 
bation of  the  respective  counsel  of  the  said  John  Jones  and  Wil- 
liam Burns,  and  that  all  taxes  and  outgoings  in  respect  of  the 
premises,  in  the  mear»time,  shall  be  paid  by  the  said  John  Jones. 
And  it  is  further  agreed,  that  the  said  William  Burns  shall  receive 
the  rents  and  profits  of  the  premises,  from  this  date,  to  his  proper 
use. 

.  And  it  is  further  agreed,  that  if  the  said  conveyance  shall  not 
be  executed,  and  the  purchase  money  paid,  on  or  before  the  said 
fourth  day  of  October  next,  then  the  said  William  Burns  shall 
pay  legal  interest  for  the  same  from  thig  date,  unto  the  said  John 
Jones. 


AGREEMENTS 


49 


In  witness  whereof  the  parties  to  these  presents  have  hereunto 
set  their  hands  and  seals  the  day  and  year  first  above  written. 

Sealed  and  delivered  in 
presence  of 

James  Stiles  J 


JOHN  JONES. 


WILLIAM  BURNS. 


Jigreemen t  for  th e  purchase  of  Cordwood. 

It  is  agreed  and  concluded  upon,  by  and  between  John  Jones, 
of  Erie,  of  the  one  part,  and  William  Burns,  of  Greene,  of  the 
other  part,  that  the  said  John  Jones  shall,  and  doth  hereby,  sell 
to  the  said  William  Bui;ns  all  the  cordwood  that  shall  arise  from 
the  trees  and  parcels  of  trees  now  growing  and  standing  on  a  cer- 
tain piece  of  rough  ground,  situated  &c.,  [here  describe  the  ground,] 
after  the  rate  of  fifty  cents  per  cord,  each  cord  to  be  in  measure 
according  to  the  usual  measure  of  cordwood. 

And  the  said  John  Jones  for  himself,  his  heirs,  executors  and 
administrators,  doth  covenant  and  promise  to  and  with  the  said 
William  Burns,  his  executors,  administrators  and  assigns,  as  fol- 
lows, viz :  That  he,  the  said  John  Jones,  shall  and  will,  at  his  own 
proper  cost  and  charges,  rank  up  all  the  trees  and  parcels  of  trees 
growing  and  being  upon  the  said  piece  of  land  as  shall  be  fit  to 
convert  into  cordwood  as  aforesaid. 

And  also  shall  and  will  permit  and  sufier  the  said  William 
Burns,  his  executors  or  assigns,  at  his  or  their  own  cost  and 
charges,  as  well  to  cut  and  convert  the  said  cordwood  into  char- 
coal, at  the  east  end  of  the  said  piece  of  land,  whereon  the  said 
trees  or  the  greatest  part  of  them  now  stand,  and  also  to  take  the 
turf,  dust  and  earth,  from  off  the  said  piece  of  ground,  and  not 
elsewhere,  with  free  liberty  of  carrying  away  the  same  wood  so 
converted  into  charcoal,  from  off  the  said  premises,  the  most  con- 
venient way  leading  to  the  road  that  leads  to .    And  the 

said  William  Burns  doth  hereby  for  himself,  his  executors  and 
administrators,  covenant  and  promise  to  and  with  the  said  John 
Jones,  his  heirs  and  assigns,  that  he,  the  said  William  Burns,  his 
executors  or  administrators,  shall  and  will  well  and  truly  pay,  or 
cause  to  be  paid  unto  the  said  John  Jones,  the  full  and  entire  sum 
of  fifty  cents  per  cord,  for  each  and  every  cord  measured  as  afore- 


50 


AGREEMENTS. 


said,  on  or  before  the  first  day  of  April  next.     Witness  our  hands 
and  seals  this  tenth  day  of  June,  A.  D.  1844. 

Sealed  and  delivered  in 
presence  of 

James  Stiles. 


JOHN  JONES. 


WILLIAM  BURNS. 


Agreement  for  Building  a  House, 

Articles  of  agreement,  made  and  concluded,  the  first  day  of 
August,  one  thousand  eight  hundred  and  forty  four,  between  John 
Jones,  of  Mercer,  in  the  county  of  Mercer,  and  state  of  Pennsyl- 
vania, of  the  one  part,  and  William  Burns,  of  the  same  place,  of 
the  other  part,  as  follows,  viz :  The  said  John  Jones,  for  the  con- 
siderations hereinafter  mentioned,  doth  for  himself,  his  executors 
and  administrators,  covenant,  promise  and  agree,  to  and  with  the 
said  William  Burns,  his  executors,  administrators  and  assigns, 
tHkt  he,  the  said  John  Jones,  shall  and  will,  within  the  space  of 
six  months  from  the  date  hereof,  in  a  good  and  workmanlike  man- 
ner, and  according  to  the  best  of  his  art  and  skill,  well  and  sub- 
stantially erect,  build,  set  up,  and  finish  one  house  or  messuage, 
at  Mercer  aforesaid,  of  the  dimensions  following,  viz  :  [here  de- 
scribe the  House,]  and  compose  the  same  with  such  stone  or  brick, 
timber,  and  other  materials  as  the  said  William  Burns,  or  his 
assigns,  shall  find  and  provide  for  the  same. 

In  consideration  whereof,  the  said  William  Burns,  doth  for  him- 
self, his  exeditors  and  administrators,  covenant  and  promise  to 
and  with  the  said  John  Jones,  his  executors,  administrators  and 
assigns,  well  and  truly  to  pay,  or  cause  to  be  paid,  unto  the  said 
John  Jones,  his  executors,  administrators  and  assigns,  the  sum  of 
six  hundred  dollars,  in  manner  following,  viz:  Two  hundred  dol- 
lars, part  thereof  at  the  beginning  of  the  said  work ;  two  hundred 
dollars  more  thereof,  on  the  first  day  of  November  next ;  and  the 
remaining  two  hundred  dollars  in  full  for  the  said  work,  when 
the  same  shall  be  completely  finished. 

And  also,  that  he,  the  said  William  Burns,  his  executors,  ad- 
ministrators or  assigns,  shall  and  will  at  his  and  their  own  proper 
expense,  find  and  provide  all  the  stone,  brick,  tile,  timber  and 
other  materials,  necessary  for  making  and  building  of  the  said 
House. 

And  for  the  true  performance  of  all  and  every  the  covenants  and 
agreements  aforesaid,  each  of  the  said  parties  bindeth  himself,  his 


AGREEMENTS.  51 

heirs,  executors  and  administrators,  unto  the  other,  his  executors, 
administrators  and  assigns  in  the  penal  sum  of  twelve  hundred 
dollars  iBirmly  by  these  presents.  In  witness  whereof,  the  said 
parties  to  these  presents  have  hereunto  set  their  hands  and  seals, 
the  day  and  year  first  above  written. 

Sealed  and  delivered  in 
presence  of 

James  Stiles, 


JOHN  JONES. 


WILLIAM  BURNS. 


Agreement  for  performing  BricMayer^s  and  Plasterer' s  work 
in  building  a  House. 

It  is  agreed,  this  first  day  of  January  one  thousand  eight  hun- 
dred and  forty  five,  between  John  Jones,  of  Pittsburgh,  of  the 
one  part,  and  William  Burns,  of  the  same  place,  of  the  other  part, 
as  follows,  viz :  The  said  John  Jones,  for  the  considerations  herein- 
after mentioned,  doth  for  himself,  his  heirs,  executors  and  adminis- 
trators, covenant,  promise  and  agree,  to  and  with  the  said  William 
Burns,  his  executors,  administrators  and  assigns,  that  he,  the  said 
John  Jones,  his  executors,  administrators,  workmen,  or  assigns,  in 
sufficient  and  workmanhke  manner,  at  his  and  their  own  charges, 
with  the  materials  to  be  for  that  purpose  provided  by  the  said 
William  Burns,  shall  and  will  do  and  perform  all  the  work  and 
workmanship  belonging  to  the  bricklayer  and  plasterer,  in  and 
about  the  erecting  and  building  of  one  good  and  substantial  new 
messuage  or  tenement,  in  the  room  and  place  whereon  lately  stood 
a  certain  house  belonging  to  the  said  Burns,  in  Pittsburgh  afore- 
said, and  will  build  the  same  in  such  manner,  and  with  such  thick- 
ness of  walls,  height  or  stories,  and  such  or  so  many  lights,  chim- 
neys and  conveniences,  and  in  such  manner,  and  will  do  and 
perform  such  ornamental  work  about  the  said  building,  as  the 
said  Burns,  his  executors  or  assigns,  shall  order  and  direct,  and 
that  he,  the  said  Jones,  will  use  his  utmost  care  in  working  up 
the  said  Burns'  materials  for  the  said  building  to  the  most  advan- 
tage, and  will  also  pay  and  discharge  all  his  said  workmen  to  be 
employed  in  and  about  the  same  :  and  will  completely  finish  all 
the  said  work  and  workmanship  belonging  to  the  bricklayer  and 
plasterer  for  building  the  said  intended  messuage,  on  or  before  the 
first  day  of  September  next  ensuing  the  date  hereof  In  considera- 
tion of  which  said  works  so  to  be  done  and  performed  as  afore- 
said, he,  the  said  Burns,  for  himself,  his  executors,  administrators 


52  AGREEMENTS. 

and  assigns,  doth  covenant,  promise  and  agree,  to  and  with  the 
said  Jdnes,  his  executors,  administrators  and  assigns,  by  these  pre- 
sents, that  he,  the  said  Burns,  his  executors,  administrators  and 
assigns,  shall  and  will  well  and  truly  pay,  or  cause  to  be  paid,  unto 
the  said  Jones,  his  executors,  administrators,  and  assigns,  for  all 
such  work  which  shall  be  by  him  and  them  done  and  performed 
in  and  about  the  said  building,  ornamental  work  excepted,  at  and 

after  the  rate  of per  yard,  for  every  yard  which  the  said 

work  shall  measure,  accounting  three  feet  square  for  every  yard, 

and dollars  in  full  for  all  the  said  ornamental  work  to  be 

done  and  performed  as  aforesaid :  but  nothing  is  to  be  measured 
or  paid  for  that  is  not  covered  with  plaster,  nor  is  any  extra  charge 
to  be  made  or  allowed,  for  corners,  arches,  jams,  joints,  fire-places, 
or  any  other  kind  of  work  whatever,  usually  or  at  any  time  rated 
as  extra,  but  the  whole  is  to  be  measured  as  plain ;  and  the  said 
Burns  will  pay  all  the  said  money  in  manner  following,  viz  :  [in- 
sert the  terms  of  payment.]  In  witness  whereof,  the -parties  to 
these  presents  have  hereunto  set  their  hands  and  seals  the  day  and 
year  first  above  written. 

Sealed  and  delivered  in  } 
presence  of  5 

James  Stiles. 

JOHN  JONES. 


WILLIAM  BURNS. 


t^greemetit  with  a  Millwright. 

Articles  of  agreement  made  and  concluded  the  first  day  of 
June,  A.  D.  1844,  between  John  Jones,  of  Heading,  Berks  County, 
Pennsylvania,  of  the  one  part,  and  William  Burns,  of  the  same 
place,  of  the  other  part.  The  said  John  Jones,  for  the  considera- 
tions hereinafter  mentioned,  doth  hereby  covenant  and  agree  to 
and  with  the  said  WiUiam  Burns,  in  manner  following,  to  wit: 
That  he  the  said  John  Jones  from  the  day  of  the  date  hereof,  for 
and  during  the  full  term  of  three  years,  if  they  the  said  John 
Jones  and  William  Burns  shall  both  so  long  live,  shall  and  will 
at  the  now  dwelling-house  of  him,  the  said  William  Burns,  situ- 
ated in  Reading  aforesaid,  or  at  such  other  place  or  places,  (if  by 
him  the  said  William  Burns,  from  time  to  time  so  required, 
ordered  and  directed,)  work  as  a  journeyman,  and  well  and  truly 
and  faithfully  serve  him  the  said  William  Burns,  in  the  business 
of  a  millwright,  carpenter,  joiner,  turner,  and  in  all  such  other 
arts,  mysteries,  and  work  as  he,  the  said  John  Jones,  now  is,  or 
shall  be  any  wise  capable  of  doing  or  performing,  during  the  term 


AGREEMENTS.  53 

aforesaid,  and  that,  according  to  the  best  of  his,  the  said  John 
Jones's  ability,  knowledge,  and  judgment  therein :  and  that  he, 
the  said  John  Jones,  during  the  continuance  of  the  said  term,  shall 
yearly  work  and  perform  the  trade  or  business  aforesaid  for  him, 
the  said  William  Burns,  in  manner  as  follows,  viz  :  from  the 
twenty-second  day  of  March  to  the  twenty-second  day  of  Sep- 
tember, from  the  hours  of  six  in  the  morning  to  six  in  the  even- 
ing, and  from  the  twenty-second  day  of  September  to  the  twenty- 
second  day  of  March,  from  daylight  to  daylight,  and  that  daily, 
(sickness,  Sundays,  Christmas,  New- Year's  day,  the  fourth  day  of 
July,  and  such  days  as  he  may  be  lawfully  required  to  muster  as 
a  militia-man,  and  usual  hours  of  breakfast  and  dinner,  only 
allowed  and  excepted.)  And  farther,  that  he,  the  said  John  Jones, 
during  the  term  aforesaid,  shall  not  at  any  time  absent  himself 
from  such  service  of  the  said  William  Burns,  nor  work,  do,  or 
perform  any  part  of  the  said  trade  or  business  aforesaid,  for  the 
use  or  benefit  of  any  other  person  or  persons  whomsoever,  with- 
out the  consent  of  the  said  Burns,  first  had  in  writing  for  that 
purpose.  And  the  said  William  Burns  doth  hereby  covenant, 
promise,  and  agree  to  and  with  the  said  John  Jones,  that  he,  the 
said  William  Burns,  shall  and  will  well  and  truly  pay,  or  cause  to 
be  paid  unto  the  said  John  Jones,  for  his  said  services,  the  sum  of 
thirty  dollars  per  month,  and  board  him  during  the  said  time. 

Witness  our  hands  and  seals,  the  day  and  year  aforesaid. 

Sealed  and  delivered  in  } 
presence  of  3 

James  Stiles. 


JOHN  JONES. 


WILLIAM  BURNS. 


Agreement  on  a  sale  of  Wheat. 

It  is  this  day  agreed,  by  and  between  John  Jones,  of  Butler, 
Butler  county,  Pennsylvania,  and  William  Burns  of  the  same 
place,  as  follows :  the  said  John  Jones,  in  consideration  of  two 
hundred  bushels  of  wheat,  sold  to  him  this  day  by  the  said  Wil- 
liam Burns,  and  by  him  agreed  to  be  delivered  to  the  said  John 
Jones,  free  of  all  charges,  on  or  before  the  first  day  of  January 
next,  shall  and  will  pay,  or  cause  to  be  paid,  to  the  said  William 
Burns,  or  his  assigns,  within  three  months  after  such  delivery,  the 
sum  of  one  hundred  and  fifty  dollars.  And  the  said  William 
Burns,  in  consideration  of  the  agreement  aforesaid,  of  the  said 


54 


AGREEMENTS, 


John  Jones,  doth  promise  and  agree,  on  or  before  the  first  day  of 
January  next  aforesaid,  at  his  own  proper  expense,  to  send  in  and 
deliver  to  the  said  John  Jones,  or  his  assigns,  the  said  two  hun- 
dred bushels  of  wheat,  so  sold  him  as  aforesaid,  and  that  he,  the 
said  William  Burns,  shall  and  will  warrant  the  same  to  be  gooS, 
clean,  and  merchantable  grain. 

Witness  our  hands  and  seals  this  tenth  day  of  June,  A.  D.  1844. 

•Witness  present, 

James  Stiles. 


JOHN  JONES. 


WILLIAM  BURNS. 


An  Agreement  for  the  sale  and  delivery  of  Coal. 

Memorandum  of  agreement,  made  this  day  between  John 
Jones  and  William  Burns,  both  of  Pittsburgh,  as  follows :  that  he, 
the  said  William  Burns,  for  the  consideration  hereinafter  men- 
tioned, hath  sold,  and  by  these  presents  doth  agree,  to  deliver  to 
the  said  John  Jones,  at  his  furnace  in  Pittsburgh,  free  of  all 
charges  and  expenses  whatsoever,  one  hundred  tons  of  coal,  from 
time  to  time,  between  the  date  of  these  presents,  and  the  first  day 
of  January  next,  in  such  quantities,  and  at  such  times,  as  the  said 
John  Jones  shall  require,  and  the  whole  to  be  delivered  on  or  be- 
fore the  said  first  day  of  January ;  and  the  said  John  Jones  agrees 
to  pay  to  the  said  William  Burns  therefor,  the  sum  or  price  of 
per  ton,  the  one-half  to  be  paid  in  such  wares  as  are  manu- 
factured at  the  furnace  of  the  said  John  Jones,  and  the  remaining 
half  in  cash,  on  the  first  day  of  January  next. 

Witness  our  hands  and  seals  this  first  day  of  November,  A.  D. 
1844. 

Witness  present, 

James  Stiles. 


JOHN  JONES. 


WILLIAM  BURNS. 


AGREEMENTS.  **  6b 


An  Agreement  for  letting  a  House. 

It  is  agreed,  this  tenth  day  of  March,  A.  D.  1845,  between  John 
Jones.of  Erie,  Erie  county,  Pennsylvania,  of  the  one  part,  and  Wil- 
liam Burns,  of  the  same  place,  of  the  other  part,  as  follows :  the 
said  John  Jones  doth  let  unto  the  said  William  Burns,  all  that  cer- 
tain house  and  lot  of  ground  situate  [here  describe  the  premises], 
for  one  year  from  the  first  day  of  April  next,  and  for  such  longer 
time  after  the  expiration  of  the  said  one  year,  as  both  the  said 
parties  shall  agree,  and  until  the  end  of  three  months  after  notice 
shall  be  given  by  either  of  the  said  parties,  to  the  other  of  them, 
for  leaving  the  said  premises,  at,  and  for  the  yearly  rent  of  one 
hundred  dollars,  to  be  paid  quarterly,  on  the  first  days  of  July, 
October,  January  and  April,  by  even  and  equal  portions,  which 
said  yearly  rent,  payable  quarterly,  as  aforesaid,  the  said  William 
Burns  doth  hereby,  for  himself,  his  executors  and  administrators, 
covenant  and  agree  to  pay  the  said  John  Jones,  his  executors, 
administrators  and  assigns,  accordingly,  for  so  long  a  time  as  he 
shall  hold  and  enjoy  the  said  premises  as  aforesaid,  and  until  the 
end  of  the  said  three  months  next  after  notice  shall  be  given  by 
either  of  the  said  parties,  to  the  other  of  them,  for  leaving  the 
said  premises  as  aforesaid. 

Witness  our  hands  and  seals,  the  day  and  year  first  above 
written. 

Witness  present, 

James  Stiles. 


JOHN  JONES. 


WILLIAM  BURNS. 


Agreement  between  a  Housekeeper  and  his  Lodger. 

It  is  agreed,  by  and  between  A.  F.,  of and  C.  D.  of , 

as  follows,  viz. :  The  said  A.,  in  consideration  of  the  rent  herein- 
after mentioned  and  agreed  to  be  paid  to  him,  hath  let  to  the  said 
C,  two  rooms,  up  one  pair  of  stairs  forwards,  part  of  the  now 

dwelling-house  of  the  said  A.  F.  situated  in ,  together  with 

the  furniture  at  present  standing  therein;  that  is  to  say,  two  tables, 
&c.  To  hold  to  the  said  C.  D.,  for  the  term  of  three  years,  to 
commence  from  the  first  of  April  next,  at  the  yearly  rent  of  fifty 
dollars,  to  be  paid  quarterly,  to  wit,  on  the  first  days  of  July,  Oc- 
tober, January,  and  April. 


♦ 


5^«  AGREEMENTS. 

The  said  C.  D.,  in  consideration  hereof,  agrees  to  pay  to  the 
said  A.  F.,  or  his  assigns,  the  aforesaid  yearly  rent  of  fifty  dollars, 
at  the  times  above  limited  for  payment  thereof;  and  at  the  end  of 
the  term,  or  in  case  of  any  default  in  payment,  shall  and  will, 
on  request  of  the  said  A.  F.,  or  his  assigns,  immediately  yield  and 
deliver  up  to  him  or  them,  the  peaceable  and  quiet  possession  of 
the  said  room,  together  with  the  whole  furniture,  he,  from  the 
first  entrance  thereon  there  found  and  possessed,  in  good  and 
sufficient  order  and  condition,  reasonable  wear  and  tear  only 
excepted. 

In  witness,  &c.  • 

For  the  Sale  of  a  parcel  of  Trees  growing,  and  liberty  to  cut 
down  and  carry  them  away,  4'c. 

Articles  of  agreement,  indented,  &c.  between  John  Jones  of 
-,  of  the  one  part,  and  William  Burns,  of ,  merchant,  of 


the  other  part,  in  manner  following,  that  is  to  say 

The  said  John  Jones,  in  consideration  of  fifty  dollars,  to  him  in 
hand  paid,  at ,  by  the  said  William  Burns,  the  receipt  where- 
of is  hereby  acknowledged,  and  in  consideration  of  the  further 
sum  of  fifty  dollars,  to  be  paid  by  the  said  William  Burns,  his 
executors  or  administrators,  as  hereunder  is  mentioned,  hath 
granted,  bargained,  and  sold,  and  by  these  presents  doth  grant, 
bargain,  and  sell,  unto  the  said  William  Burns,  his  executors, 
administrators,  and  assigns,  one  hundred  of  the  oak  trees,  now 
standing  and  growing  in  and  upon  the  farm  called  Brookland,  in 

the  county  of ,  now  in  the  tenure  of  John  Jay,  which  the 

said  William  Burns,  his  executors  or  assigns,  shall  think  fit  to 
choose,  together  with  the  tops  and  bark  of  and  belonging  to  the 
said  one  hundred  trees  hereby  sold.  And  the  said  John  Jones  for 
himself,  his  executors,  administrators,  and  assigns,  doth  covenant, 
promise,  and  agree  to  and  with  the  said  William  Burns,  his  ex- 
ecutors, administrators,  and  assigns,  by  these  presents,  that  at  all, 

or  any  time  or  times,  until  the ,  which  will  be  in  the  year  of 

our  Lord ,  he,  the  said  William  Burns,  his  executors,  work- 
men, servants,  or  assigns,  shall  and  may  have  free  liberty  of  in- 
gress, egress,  and  regress,  into  and  from  all  or  any  part  of  the 
lands  and  grounds  belonging  to  the  farm  aforesaid,  vvith  horses, 
carts,  and  carriages,  to  take,  fell,  cut  down,  and  carry  away  the 
said  one  hundred  trees,  and  the  tops  and  bark  thereof,  to  and  for 
his  and  their  own  use  and  uses ;  and  like  liberty  to  dig  saw-pits 
in  convenient  places  in  the  said  grounds,  and  therein  to  saw,  cut 
out,  and  convert  all,  or  so  many  of  the  said  trees  as  he  or  they 
shall  think  fit,  for  the  better  conveniency  or  carriage  thereof.  And 
the  said  W41liam  Burns,  for  himself,  his  executors,  administrators, 
and  assigns,  doth  covenant,  promise  and  agree,  to  and  with  the 
said  John  Jones,  his  executors,  administrators  and  assigns,  by 


A. 


AGREEMENTS.  57 

these  presents,  as  followeth :  that  is  to  say,  that  within  the  time 
aforesaid,  he,  the  said  William  Burns,  his  executors,  administra- 
tors, workmen,  or  assigns,  will  choose  out,  and  at  his  and  their 
own  charge  fell,  cut  down,  and  carry  away,  the  said  one  hundred 
trees  so  sold  to  him  as  aforesaid ;  and  in  consideration  and  in  full 
for  the  purchase  thereof,  shall  and  will  truly  pay,  or  cause  to  be 
paid,  unto  the  said  John  Jones,  his  executors,  administrators,  or 
assigns,  the  sum  of  one  hundred  dollars,  in  the  manner  following, 

viz : part  thereof  on  the  : next  ensuing  the  date  of  these 

presents,  and  the  remaining  sum  of ,  on  the  next  fol- 
lowing.    In  witness,  &c. 


An  Jigreement  with  a  Manager. 

*  Articles  of  agreement  made  and  entered  into  the  tenth  day  of 
March,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  , 
forty  five,  between  John  Jones,  of  Harrisburg,  in  the  county  of 
Dauphin,  and  State  of  Pennsylvania,  of  the  one  part,  and  William 
Burns,  of  the  same  place,  of  the  other  part,  as  follows,  viz :  The 
said  John  Jones,  for  the  consideration  hereinafter  mentioned,  doth 
covenant  and  agree,  well,  truly,  and  faithfully,  to  serve  the  said 
William  Burns,  his  heirs  and  assigns,  as  his  book-keeper,  over- 
seer and  manager,  at  his  furnace  in  Harrisburg,  wherein  he  is 
skilled,  from  this  tenth  day  of  March,  A.  D.  1845,  for  and  during 
the  term  of  one  year,  next  ensuing,  and  fully  to  be  completed, 
and  ended,  during  which  term,  he,  the  said  John  Jones,  shall  and 
will  be  ready  at  all  times,  to  render  just  and  true  accounts  unto 
the  said  William  Burns,  of  all  work,  matters  and  things  to  be 
done  and  performed  at  the  furnace  aforesaid ;  and  shall  not,  nor 
will,  at  any  time  during  the  said. term,  wilfully  neglect  or  depart 
from  the  said  service  or  employment ;  nor  do  or  cause,  or  wil- 
fully suffer  to  be  done,  or  caused,  any  act  or  thing  whatsoever,  to 
the  prejudice  of  the  said  William  Burns,  his  heirs  or  assigns,  in 
his  furnace  aforesaid ;  but  on  the  contrary,  shall  order  and  direct 
all  workmen,  servants  and  persons,  employed  in  the  furnace  afore- 
said, to  do  their  work,  service  and  duty,  to  the  utmost  of  his.  skill, 
knowledge  and  ability,  and  for  the  most  profit  and  advantage  of 
the  said  owner. 

And  the  said  William  Burns,  for  himself,  his  heirs  and  assigns, 
doth  covenant  and  agree,  to  and  with  the  said  John  Jones,  his 
executors,  administrators  and  assigns,  by  these  presents,  that  he, 
the  said  William  Burns,  shall  and  will  well  and  truly  pay,  or 
cause  to  be  paid  unto  the  said  John  Jones,  for  his  services  afore- 
said, the  just  and  full  sum  of  six  hundred  dollars,  over  and  besides 
finding  and  providing  for  him,  the  said  John  Jones,  sufficient  meat, 
drink,  washing  and  lodging,  during  the  said  term :  and  also,  shall 
and  will,  at  his  own  proper  cost  and  charges,  supply  the  said  John 


58  AGREEMENTS. 

Jones  with  all  things  needful  and  necessary,  for  carrying  on  the 
work  of  the  said  furnace. 

And,  for  the  true  performance  of  all  and  every  the  covenants 
and  agreements  aforesaid,  each  of  the  said  parties  bindeth  him- 
self, his  heirs,  executors  and  administrators,  unto  the  other,  his 
executors,  administrators  and  assigns,  in  the  penal  sum  of  twelve 
hundred  dollars,  firmly  by  these  presents.  In  witness  whereof, 
the  parties  to  these  presents  have  hereunto  set  their  hands  and 
seals,  the  day  and  year  first  above  written. 

Sealed  and  delivered  in 
presence  of 

James  Stiles. 

JOHN  JONES. 


WILLIAM  BURNS. 


tdgreement  or  Jlrtichs  of  co-partnership  between  Partners. 

Articles  of  agreement,  made  and  concluded,  the  first  day  of 
May,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
forty  four,  between  John  Jones,  of  Lancaster,  in  the  county  of 
Lancaster,  and  State  of  Pennsylvania,  of  the  one  part,  and  Wil- 
liam Burns,  of  the^ame  place,  of  the  other  part. 

The  said  parties  have  agreed,  and  by  these  presents  do  agree, 
to  associate  themselves  in  the  art  and  trade  of  buying,  selling, 
vending  and  retailing,  all  sorts  of  wares,  goods  and  commodities, 
belonging  to  the  trade  or  business  of  merchandise ;  which  said 
co-partnership  shall  continue  from  the  date  of  these  presents,  for 
and  during,  and  to  the  full  end  and  term  of  four  years,  next 
ensuing. 

And,  to  that  end  and  purpose,  he,  the  said  John  Jones,  hath, 
the  day  of  the  date  of  these  presents,  delivered  in  as  stock,  the  sum 
of  five  thousand  dollars,  and  the  said  Williams  Burns,  the  sum 
of  five  thousand  dollars,  to  be  used,  laid  out,  and  employed,  in 
common  between  them,  for  the  management  of  the  said  business 
•        to  their  general  advantage. 

And  it  is  hereby  agreed  between  the  said  parties,  each  for  him- 
self respectively,  and  for  his  own  particular  part,  and  for  his 
respective  executors  and  administrators,  doth  covenant,  promise, 
s^^  and  agree,  each  with  the  other  of  them,  his  respective  executors 

and  administrators,  in  manner  following,  that  is  to  say: 

That  they  shall  not,  nor  will  not,  at  any  time  hereafter,  exer- 


AGREEMENTS.  59 

cise,  or  follow  the  said  trade,  or  any  other,  during  the  said  term, 
to  their  private  benefit  and  advantage,  but  shall  and  will,  from 
time  to  lime,  and  at  all  times,  during  the  said  term,  (if  they  shall 
so  long  live,)  do*  their  best  endeavours,  to  the  utmost  of  their  skill 
and  ability;  for  their  mutual  advantage,  with  the  stock  as  afore- 
said, and  the  increase  thereof. 

And  also,  that  they  shall  and  will,  during  the  said  term,  dis- 
charge equally  between  them,  the  rent  of  the  premises  which 
they  sh^U  rent,  or  hire,  for  the  managing  of  the  trade  or  business 
aforesaid. 

And  that  all  such  profit,  gain  and  incregise  as  shall  arise,  by 
reason  of  the  said  joint  business,  shall  be  equally  and  proportion- 
ably  divided  between  them,  share  and  share  alike.  And  also,  all 
losses,  as  shall  happen  in  the  said  business,  by  bad  debts,  ill  com- 
modities, or  otherwise,  shall  be  paid  and  borne  equally  between 
them. 

And  further,  it  is  agreed  between  them,  that  there  shall  be  kept, 
during  the  said  term,  and  joint  business,  perfect,  just 'and  true 
books  of  accounts,  wherein  each  of  the  said  co-partners  shall  enter 
and  set  down,  as  well  all  the  money  by  him  received  and  expend- 
ed, in  and  about  the  said  business,  as  also  all  commodities  and 
merchandise  by  them  bought  and  sold,  by  reason  and  on  account 
of  the  said  co-partnership,  and  all  other  matters  and  things  in  any 
wise  belonging  or  appertaining  thereto,  so  that  either  of  them 
may,  at  any  time,  have  free  access  thereto. 

And  also,  that  the  said  co-partners,  once  in  three  months,  or 
oftener,  if  need  shall  require,  upon  the  request  of  any  one  of  them, 
shall  make  and  render  each  to  the  other,  or  to  the  executors  and 
administrators  of  each  other,  a  true  and  perfect  accost  of  all  profits 
and  increase  by  them  made,  and  of  all  losses  sustained ;  and  also 
of  all  payments,  receipts,  disbursements,  and  all  other  things  what- 
soever, by  them  made,  received  and  disbursed,  acted,  done  and 
suffered,  in  the  said  co-partnership ;  and  the  account  so  made, 
shall  and  will  clear,  adjust,  pay  and  deliver,  each  unto  the  other, 
at  the  time  of  maldng  such  account,  their  equal  shares  of  the 
profit  so  made,  as  aforesaid. 

And  at  the  end  of  th^  said  term  of  four  years,  or  other  sooner 
determination  of  these  presents  (be  it  by  the  death  of  one  of  the 
said  parties  or  otherwise),  they,  the  said  co-partners,  each'  to  the 
other,  or  in  case  of  the  death  of  either  of  them,  the  surviving  party, 
to  the  executors  or  administrators  of  the  party  decea^d,  shall  and 
will  make  a  true  and  final  account  of  all  things,  as  aforesaid,  and 
in  all  things  well  and  truly  adjust  the  same ;  and  also,  that^upon 
making  such  account,  all  and  every  the  stocks  and  stocks,  as  well 
as  the  gain  and  increase  thereof,  which  shall  appear  to  be  remain- 
ing, shall  be  equally  parted  and  divided  between  them,  the  said  co- 
partners, their  executors  or  administrators,  share  and  share  alike. 


60  AGREEMENTS. 

In  witness  whereof,  the  said  parties  to  these  presents  have  here- 
unto set  their  hands  and  seals  the  day  and  year  first  above  written. 

Sealed  and  delivered  in  } 
presence  of  '        3 

James  Stiles.  .^txxjt, 

JOHN  JONES.  g&M 


WILLIAM  BURNS. 


Jlgreement  or  *S.rticles  of  copartnership  betiveen  an  active  and 
silent  Partner. 

Articles  of  agreement,  made  and  concluded,  the  tenth  day  of 
June,  one  thousand  eight  hundred  and  forty  four,  between  John 
Jones,  of  the  city  of  Philadelphia,  of  the  one  part,  and  William 
Burns,  of  the  same  place,  of  the  other  part,  as  follows,  to  wit : 

First.  The  said  John  Jones  and  WiUiam  Burns  have  joined, 
and  by  these  presents,  do  join  themselves  together  as  copartners, 
under  the  name  and  firm  of  John  Jones  &  Co.,  for  the  purpose  of 
carrying  on,  in  the  city  aforesaid,  the  dry  goods,  grocery,  and 
hardware  business,  and  for  the  buying,  selling  and  retailing  of 
goods,  wares  and  merchandise,  belonging  to  the  said  trade  or 
business,  which  said  copartnership  is  to  continue  for  the  term  of 
six  years  fronf  the  date  hereof,  unless  sooner  dissolved  by  death 
or  otherwise. 

Second.  The  said  William  Burns  agrees  to  furnish  to  the  said 
copartnership,  a  sufficient  stock  of  suitable  goods,  wares  and  mer- 
chandise, for  commencing  said  business,  not  exceeding  in  amount 
one  thousand  dollars,  to  be  charged  to  the  said  copartnership  at 
first  cost,  and  from  time  to  time,  as  such  stock  shall  be  reduced, 
by  sales  or  otherwise,  to  renew  and  replace  the  same  upon  the 
like  terms.  • 

Third.  The  said  John  Jones  agrees,  that  he  will  not,  without 
the  express  consent  of  the  said  William  Burns,  purchase  nor  pro- 
cure on  account  of,  or  for  the  purpose  of  the  said  copartnership, 
any  goodsj^wares  or  merchandise,  in  the  line  of  the  said  joint 
business,  from  any  other  person  than  the  said  William  Burns,  or 
in  an^  other  way  than  is  provided  for  in  the  foregoing  articles ; 
unless  the  said  William  Burns,  by  his  consent  in  writing,  shall 
authorize  the  said  John  Jones  so  to  do. 

Fourth.  The  said  John  Jones  further  agrees,  that  he  will  take 
upon  himself  the  sole  care  and  management  of  the  said  joint  busi- 
ness, will  attenji  to  sales,  keep  accurate  accounts  of  all  transactions 


AGREEMENTS.  61 

relating  to  the  said  joint  business,  and  will  devote  his  care,  labour 
and  diligence  exclusively  to  the  superintendence  thereof. 

That  he  will,  from  time  to  time,  as  often  as  required  by  the  said 
William  Burns,  remit  to  him  all  moneys  received  from  such  sales, 
on  the  joint  account,  after  deducting  all  necessary  expenses  in  the 
prosecution  of  the  said  business  to  advantage ;  and  that  he  will 
further,  whenever  required  by  the  said  William  Burns,  exhibit  to 
him  all  books  and  accounts  in  relation  thereto. 

Fifth.  The  said  John  Jones  further  agrees,  that  he  will  not, 
during  the  said  term  of  six  years,  use,  exercise,  or  follow  the  said 
business,  for  his  own  private  benefit  or  advantage ;  but  that  he 
will,  at  all  times,  during  the  continuance  of  the  said  copartnership, 
do  his  best  endeavours  for  their  joint  benefit  and  advantage. 

Sixth.  It  is  further  agreed,  by  and  between  the  parties  afore- 
said, that  all  gain,  profits  and  increase,  as  shall  arise  from  the  said 
joint  business,  shall  from  time  to  time,  during  the  said  term,  be 
equally  divided  between  them,  share  and  share  alike ;  and  also, 
that  all  losses  that  shall  happen  to  their  said  joint  trade,  by  bad 
debts,  or  otherwise,  shall  be  paid  and  borne  equally  between  them. 

Lastly f  It  is  further  agreed,  that  at  the  end  of  the  said  term 
of  six  years,  or  upon  a  sooner  termination  of  the  said  copartner- 
ship, by  death  or  otherwise,  the  stock  and  profits  which  may  then 
be  on  hand,  and  all  other  the  property  of  the  said  copartnership, 
shall,  after  the  payment  of  all  debts  by  the  said  copartnership,  be 
equally  divided  between  the  said  John  Jones  and  William  Burns, 
or  if  either  of  them  be  dead,  between  the  survivor  and  the  legal 
representatives  of  the  party  deceased. 

In  witness  whereof,  the  said  parties  to  these  presents,  have  here- 
unto set  their  hands  and  seals,  the  day  and  year  first  above  written. 

Sealed  and  delivered  in 
presence  of 

James  Stiles.  ^i.sw^^ 

JOHN  JONES. 


WILLIAM  BURNS. 


*^greement  on  articles  of  Copartnership  between  two 
Tradesmen. 

Articles  of  agreement,  made  and  concluded  the  first  day  of 
January,  A.  D.  one  thousand  eight  hundred  and  forty-five,  be- 
tween John  Jones,  of  Pittsburgh,  in  the  county  of  Allegheny  and 
State  of  Pennsylvania,  of  the  one  part,  and  William  Bums,  of 


62  AGREElvrENTS. 

the  same  city,  county  and  state  aforesaid,  of  the  other  part.  In 
the  first  place,  the  said  John  Jones  and  WiUiam  Burns  have 
agreed,  and  hy  these  presents  do  agree,  to  become  copartners 
together  in  the  art  or  trade  of  painting,  and  all  things  thereto  be- 
longing, and  also  in  buying,  selling,  vending,  and  retailing  all  sorts 
of  wares,  goods  and  commodities,  belonging  to  the  said  trade  of 
painting;  which  said  copartnership,  it  is  agreed,  shall  continue 

from ,  for  and  during,  and  unto  the  full  end  and  term  of  ten 

years,  from  thence  next  ensuing,  and  fully  to  be  completed  and 
ended.  And  to  that  end  and  purpose,  he  the  said  John  Jones, 
hath  the  day  of  the  date  of  the  presents  delivered  in  as  stock,  the 

sum  of ,  and  the  said  William  Burns,  the  sum  of ,  to  be 

used,  laid  out,  and  employed,  in  common  between  them,  for  the 
management  of  the  said  trade  of  painting,  to  their  utmost  benefit 
and  advantage.  And  it  is  hereby  agreed  between  the  said  par- 
ties, tmd  the  said  copartners  each  for  himself  respectively,  and  for 
his  own  particular  part,  and  for  their  respective  executors  and 
administrators,  doth  covenant,  promise,  and  agree,  each  with  the 
other  of  them,  his  respective  executors  and  administrators,  by 
these  presents,  in  manner  and  form  following,  that  is  t§  say :    . 

That  they,  the  said  copartners,  shall  not  nor  will  not  at  any  time 
hereafter,  use,  exercise,  or  follow,  the  trade  of  painting  aforesaid, 
or  any  other  trade  whatsoever,  during  the  said  term,  to  their  pri- 
vate benefit  and  advantage;  but  shall  and  will, from  time  to  time, 
and  at  all  times  during  the  said  term,  (if  they  shall  so  long  live,) 
do  their  and  each  of  their  best  and  utmost  endeavours,  in  and 
by  all  means  possible  to  the  Utmost  of  their  skill  and  power,  for 
their  joint  interest,  profit,  benefit,  and  advantage  :  and  truly  em- 
ploy, buy,  sell,  and  merchandize,  with  the  stock  as  aforesaid,  and 
the  increase  thereof  in  the  trade  of  painting  aforesaid,  without 
any  sinister  intention  or  fraudulent  endeavours  whatsoever.  And 
also,  that  they,  the  said  copartners,  shall  and  will,  from  time  to 
time,  and  at  all  times  hereafter,  'during  the  said  term,  pay,  bear, 
and  discharge,  equally  between  them,  the  rent  of  the  shop,  which 
they,  the  said  copartners,  shall  rent  or  hire  for  the  joint  exercising 
or  managing  the  trade  aforesaid.  And  that  all  such  gain,  profit, 
and  increase,  that  shall  come,  grow,  or  arise,  for  or  by  reason  of 
the  said  trade  or  joint  business  as  aforesaid,  shall  be  from  time  to 
time  during  the  said  term,  equally  and  proportionably  divided 
between  them,  the  said  copartners,  share  and  share  alike.  And 
also,  that  all  such  losses  as  shall  happen  in  the  said  joint  trade,  by 
bad  debts,  ill  commodities  or  otherwise,  without  fraud  or  covin, 
shall  be  paid  and  borne  equally  and  proportionably  between  them. 
And  further,  it  is  agreed  by  and  between  the  said  copartners,  that 
there  shall  be  had  and  kept  from  time  to  time,  and  at  all  times 
during  the  said  term  and  joint  business  and  copartnership  together 
as  aforesaid,  perfect,  just,  and  true  books  of  accounts,  wherein 
each  of  the  said  copartners  shall  duly  enter  and  set  down,  as  well 


M 


AGREEMENTS.  63 

all  money  by  him  received,  paid,  expended,  and  laid  out,  in  and 
about  the  management  of  the  said  trade,  as  also  all  wares,  goods, 
commodities,  and  merchandizes,  by  them,  or  either  of  them, 
.bought  and  sold  by  reason  or  means,  or  upon  account  of  the  said 
copartnership,  and  all  other  matters  and  things  whatsoever  to  the 
said  joint  trade,  and  the  management  thereof  in  any  wise  belong- 
ing or  appertaining,  which  said  books  shall  be  used  in  common 
between  the  said  copartners,  so  that  either  of  them  may  have  free 
access  thereto  without  any  interruption  of  the  other.  And  also, 
that  they,  the  said  copartners,  once  in  three  months,  or  oftener  if 
need  shall  require,  upon  the  reasonable  request  of  one  of  them, 
shall  make,  yield  and  render  each  to  the  other,  or  to  the  exe- 
cutors and  administrators  of  each  other,  a  true,  just,  and  perfect 
account  of  all  profits  and  increase,  by  them  or  either  of  them 
made,  and  of  all  losses  by  them  or  either  of  them  sustained,  and 
also  of  all  payments,  receipts,  disbursements, 'and  all  other  things 
whatsoever,  by  them  made,  received,  disbursed,  acted,  done,  or 
suffered,  in  the  said  copartnership  and  joint  business  as  aforesaid; 
and  the  same  account  so  made  shall  and  will  clear,  adjust,  pay, 
and  deliver,  each  unto  the  other  at  the  time  of  making  such  ac- 
count, their  equal  shares  of  the  profits  so  made  as  aforesaid :  And 
at  the  end  of  the  said  term  of  ten  years,  or  other  sooner  determi- 
nation of  these  presents,  (be  it  by  the  death  of  one  of  the  said 
partners,  or  otherwise,)  they,  the  said  copartners,  each  to  the.other, 
or  in  case  of  the  death  of  either  of  them,  the  surviving  party,  to 
the  executors  or  administrators  of  the  party  deceased,  shall  and 
will  make  a  true,  just,  and  final  account  of  all  things  as  aforesaid, 
and  divide  the  profits  aforesaid,  and  in  all  things  well  and  truly 
adjust  the  same,  and  that  also  upon  the  making  of  such  final 
account,  all  and  every  the  stock  and  stocks,  as  well  as  the  gains 
and  increase  thereof,  which  shall  appear  to  be  remaining,  whether 
consisting  of  money,  wares,  debts,  &c.,  shall  be  equally  parted 
and  divided  between  them,  the  said  copartners,  their  executors  or 
administrators,  share  and  share  alike. 

In  testimony  whereof,  the  said  parties  to  these  presents  have 
hereunto  set  their  hands  and  seals,  the  day  and  year  first  above 
written. 

Sealed  and  delivered  in     } 
presence  of  5  ^^,„^^ 

James  Stiles.  4^i™ll^ 

JOHN  JONES. 


WILLIAM  BURNS. 


"•^  W*7*!^*-f^J^  '**''' '  "VtT 


64  AGREEMENTS. 


Agreement,  or  Articles  for  special  or  limited  Partnership. 

This  is  to  certify,  to  all  to  whom  these  presents  shall  come,  that 
we,  whose  names  are  hereto  subscribed,  to  wit,  John  Jones,  of 

,  merchant,  William  Burns,  of ,  engineer,  &c.,  have 

entered  into  a  limited  partnership,  for  the  business  of  mining  and 
transporting  of  mineral  coal  within  the  state  of  Pennsylvania, 
under  and  by  virtue  of  an  Act  of  the  General  Assembly  of  the 
said  commonwealth,  passed  the  21st  March,  1836,  entitled,  "  An 
Act  relative  to  limited  partnerships,"  and  all  and  singular  the  sup- 
plements thereto,  upon  the  terms,  conditions,  and  liabilities  herein- 
after set  forth,  to  wit: 

1.  The  said  partnership  is  to  be  conducted  under  the  name  or 
firm  of  Jones  &  Jay. 

2.  The  general  nature  of  the  business  intended  to  be  transacted 
by  the  said  firm  or  partnership,  is  the  mining  of  mineral  coal  and 
transporting  the  same,  &c.,  [describing  the  character  of  the  pro- 
jected business.) 

3.  The  general  partners  in  the  said  firm  are,  John  Jones,  resi- 
dent in  ,  John  Jay,  residing  in  ,  &c.,  and  the  special 

partners  are  William  Burns,  residing  in ,  John  Gray,  resid- 
ing in ,  &c. 

4.  Each  of  the  special  partners  has  contributed  to  the  common 
stock  of  said  firm,  the  amount  now  herein  set  forth,  to  wit :  Wil- 
liam Burns  has  so  contributed  the  amount  of  $~ ,  John  Gray 

has  so  contributed,  &c. 

5.  The  said  partnership  is  to  commence  immediately,  at  and 
after  the  making  and  signing  of  this  certificate,  and  is  to  terminate 
on  the day  of ,  A.  D.  18 — . 

Witness  our  hands  and  seals,  this day  of ,  A.  D.  one 

thousand  eight  hundred  and  forty-four. 


Dissolution  of  Partnership. 

Whereas,  by  agreement  made  the  tenth  day  of  August,  A.  D. 
1842,  John  Jones  and  William  Burns,  of  the  city  of  Pittsburgh, 
did  enter  into  copartnership,  for  the  purpose  of  carrying  on  the 
business  of  merchandizing,  for  the  term  of  two  years. 

And  whereas,  the  said  John  Jones,  wishing  to  discontinue  and 
decline  the  joint  partnership,  entered  into  as  aforesaid,  he,  the  said 
John  Jones,  hath  proposed  to  his  said  partner,  William  Burns,  a 
dissolution,  to  which  proposition  the  said  William  Burns  hath 
assented. 

The  parties,  therefore,  mutually  consent  and  agree,  by  these 
presents,  that  the  said  partnership  heretofore  existing  between 
them,  be  this  day  dissolved,  and  it  is  accordingly  dissolved. 

And,  it  is  further  stipulated,  and  agreed  mutually  between  them, 


^am 


AGREEMENTS.  65 

that  William  Burns  do  take  the  entire  stock  of  goods  and  merchan- 
dize now  on  hand,  belonging  to  the  partnership,  at  a  valuation  to 
be  set  upon  the  same  by  three  competent  persons  mutually  ap- 
pointed to  value  the  same,  and  that  he  also  have  power  to  collect 
the  debts  now  due  to  the  partnership,  and  to  recover  all  and  any 
part  of  the  same,  in  the  name  of  the  firm,  by  suits  at  law  or 
otherwise.  And  that  finally,  the  said  William  Burns  do  pay  over 
to  the  said  John  Jones,  or  his  legal  representatives,  the  full  share 
and  profits,  which  shall  appear  to  be  due  to  the  said  John  Jones, 
in  six  months  from  the  date  hereof. 

Witness  our  hands  and  seals,  this  tenth  day  of  August,  A.  D. 
1844. 

Sealed  and  delivered  in 
presence  of 

James  Stiles. 

JOHN  JONES. 


Covenants  and  clauses  to  be  inserted  in  Partnership  Contracts 

when  desired. 

Not  to  trust  an^  one  whom  the  copartner  shall  forbid. 

And,  that  neither  of  the  said  parties  shall  sell  or  credit  any 
goods  or  merchandise  belonging  to  the  said  joint  trade,  or  to  any 
person  or  persons,  after  notice  in  writing  from  the  other  of  the 
said  parties,  that  such  person  or  persons  are  not  to  be  credited  or 
trusted. 

Not  to  be  bound,  or  endorse  Bills. 

And  that  neither  of  the  said  parties  shall,  during  this  copart- 
nership, without  the  consent  of  the  other,  enter  into  any  deed, 
covenant,  bond,  or  judgment,  or  become  bound  as  bail  or  surety, 
or  give  any  note,  or  accept  or  endorse  any  bill  of  exchange,  for 
himself  and  partner,  with  or  for  any  person  whatsoever,  without 
the  consent  of  the  other  first  had  and  obtained. 

Neither  party  to  assign  his  Interest. 

And,  it  is  agreed  between  the  said  parties,  that  neither  of  them 
shall,  without  the  consent  of  the  other  obtained  in  writing,  sell  or 
assign  his  share  or  interest  in  the  said  joint  trade,  to  any  person 
or  persons  whatsoever. 


66  AGREEMENTS. 

»af:.  Parties  to  draw  Quarterly. 

And  that  it  shall  be  lawful  for  each  of  them  to  take  out  of  the 
cash  of  the  joint  stock,  the  sum  of  one  hundred  dollars  quarterly, 
to  his  own  use,  the  same  to  be  charged  on  account ;  and  neither 
of  them  shall  take  any  further  sum  for  his  own  separate  use, 
without  the  consent  of  the  other  in  writing ;  and  any  such  fur- 
ther sura,  taken  with  such  consent,  shall  draw  interest  after  the 
rate  of  six  per  cent.,  and  shall  be  payable  together  with  the  in- 
terest due,  within  sixty  days  after  notice  in  writing  given,  by 
the  other  of  the  said  parties. 


t^n  agreement  to  continue  a  Partnership  by  indorsement  on 
the  old  Jirticles. 

We,  the  within  named  John  Jones  and  William  Burns,  do  by 
these  presents,  endorsed,  declare  and  mutually  covenant  and 
agree,  unto  and  with  each  other,  his  and  their  executors  and 
administrators,  to  continue  the  joint  trade  and  partnership  within 
mentioned,  for  the  further  term  of  three  years,  if  both  of  us  shall 
so  long  live,  to  be  accounted  for,  from  the  expiration  of  the  five 
years  within  limited  for  the  continuance  of  the  same,  with  the 
joint  stock,  and  under,  and  subject  to  the  several  covenants  and 
agreements  within  expressed  and  contained. 

In  witness  whereof,  we  have  hereunto  set  our  hands  and  seals, 
the  tenth  day  of  January,  A.  D.  one  thousand  eight  hundred  and 
forty-five. 

Sealed  and  delivered  in 
presence  of 

John  Stiles. 

JOHN  JONES. 


WILLIAM  BURNS. 


%S.n  agreement  in  relation  to  Party  Walls. 

This  agreement,  made  the  tenth  day  of  January,  A.  D.  one 
thousand  eight  hundred  and  forty-five,  between  John  Jones,  of 
Erie,  in  the  county  of  Erie  and  State  of  Pennsylvania,  of  the  one 
part,  and  William  Burns,  of  Erie,  in  the  county  and  state  afore- 
said, of  the  other  part,  witnesseth: 

That  whereas,  the  said  John  Jones  is  seised  or  possessed  of  a 


AGREEMENTS.  67 

» 

certain  lot  or  piece  of  ground  situate  in  Erie  aforesaid,  and  de- 
scribed as  follows :  [here  insert  the  description  of  the  land  of  the 
party  of  the  first  part]  and  whereas,  the  said  William  Burns  is 
seised  or  possessed  of  a  certain  other  lot  or  piece  of  ground  situ- 
ate in  Erie  aforesaid,  and  described  as  follows:  [here  insert  the 
description  of  the  land  of  the  party  of  the  other  part,]  adjoining 
and  contiguous  to  the  said  before-mentioned  and  described  lot  of 
ground  of  him  the  said  John  Jones  ;  and  whereas,  the  said  Wil- 
liam Burns  has  lately  erected  on  his  own  lot  aforesaid,  and  along 
the  division  line  between  the  above-mentioned  lots,  a  brick  tene- 
ment or  building,  of  the  length  of feet,  and  of  the  height  of 

stories,  the end  of  which  tenement  is  at  the  distance  of 

feet,  from  the ,  front  of  the  said  lots,  or street  afore- 
said. [Add  here  any  other  matter  necessary  to  explain  the  trans- 
action.] Now  this  indenture  witnesseth,  that  the  said  William 
Burns  doth  hereby  covenant,  promise,  grant  and  agree,  that  the 
said  John  Jones,  his  heirs  and  assigns  aforesaid,  shall  and  may  at 
all  times  hereafter,  have  the  full  and  free  liberty  and  privilege  of 

joining  to  the  said wall  of  the  said  brick  tenement,  as  well 

below  as  above  the  surface  of  the  ground,  and  along  the  whole 
length  or  any  part  of  the  length  thereof,  any  building  which  he  or 
they,  or  any  of  them,  may  desire,  or  have  occasion  to  erect  on  the 
said  lot  along  the  division  line  aforesaid,  and  to  use  and  enjoy  the 
said-wall  or  any  part  thereof,  as  a  wall  of  the  building  or  buildings 
so  to  be  erected,  and  to  sink  the  joists  of  such  building  or  buildings 

into  the  wall  aforesaid  to  the  depth  of inches  and  no  further. 

Provided  always,  nevertheless,  and  on  this  express  condition,  that 
the  said  John  Jones,  his  heirs  and  assigns  as  aforesaid,  before  pro- 
ceeding to  join  any  other  buildings  to  the  said  wall,  and  before 
making  any  use  thereof,  or  breaking  into  the  same,  shall  pay,  or 
secure  to  be  paid,  unto  the  said  William  Burns,  his  heirs  and 
assigns  aforesaid,  the  full  moiety,  or  one  half  part  of  the  value 
of  the  said  wall,  or  so  much  thereof  as  shall  be  joined  or  used  as 

aforesaid,  which  value  shall  be  fixed  and  assessed  by . 

In  witness  whereof,  we  have  hereunto  set  our  hands  and  seals 
this day  of ,  A.  D. . 

Agreement  for  renewing  a  Policy  of  Insurance  by  Indorse- 
ment. 

By  agreement  of  the  parties,  the  within  policy  is  renewed  for 
years,  from  the  period  within  mentioned,  for  the  expiration 


thereof,  upon  the  terms  and  considerations  within  mentioned  and 
contained. 

This  renewal  expires  on  the  day  of ,  A.  D. ,  at 

o'clock. 

Sealed  with  the  seal  of  the  corporation  and  of  the  parties,  this 
day  of ,  A.  D. .    .  -  — » .— .- 


%■ 


68  AMICABLE  ACTION. 


AMICABLE  ACTION. 


There  is,  in  Pennsylvania,  a  mode  of  instituting  suits,  without 
a  service  by  sherifl',  by  an  amicable  agreement,  signed  by  the 
parties  or  their  attorneys,  and  filed  in  the  prothonotary's  office. 
When  entered,  such  action  is  considered  as  if  it  had  been  ad- 
versely commenced,  and  the  defendant  had  been  regularly  sum- 
moned. It  saves  the  expense  of  the  original  writ,  and  the  sheriff's 
fee  for  serving  it.  The  writ,  however,  is  supposed  in  law  to  be 
filed.  A  case  may  be  stated  for  the  opinion  of  the  court  in  this 
way,  or  a  judgment  entered.  When  a  judgment  is  entered  in 
this  way,  the  cause  of  action  should  always  be  expressed  in  the 
agreement,  and  it  should  be  attested  by  two  witnesses.  The  same 
stay  of  execution  is  allowed  in  this,  as  in  otVier  cases  brought  in 
the  usual  way.  The  lien  of  judgments  may  also  be  revived  by 
amicable  agreement. 

Jimicahh  Jlgreement  to  institute  a  Suit. 
John  Jones 


vs 


In  the  Common  Pleas  of  Jefferson  county, 


William  Bums.  S     of  May  Term,  1845.    No. 

Summons  in  case,  [or  as  the  claim  may  be.] 

It  is  hereby  agreed,  that  the  above  action  be  entered  with  the 
same  effect  as  if  a  summons  returnable  on  the  first  Monday  in 
May,  1845,  [or  whatever  time  may  be  the  regular  return  day  of 
the  court  where  such  agreement  may  be  made,]  had  been  regu- 
larly issued,  served  personally  on  the  said  defendant,  and  duly  so 
returned. 

JOHN  JONES, 
WILLIAM  BURNS. 
Signed,  sealed  and  delivered  ) 
in  presence  of  us,  \ 

John  Stiles, 
John  Roe. 


Jin  Agreement  to  revive  a  Lien. 
John  Jones 


vs 


In  the  Court  of  Common  Pleas  of  Huntingdon 

William  Burns.  ^     ^«"«^y'  ^^  ^^"^  '^^''^^  1«4^-     N«-  l^^' 

Amicable  action  to  revive  and  continue  the  lien  for  the  term 
of  five  years,  of  judgment  No.  45,  of  May  term,  1840. 

It  is  hereby  agreed,  that  the  Pr9thonotary  of  Huntingdon  county 


AMICABLE  ACTION.  69 

enter  the  above  amicable  action  upon  the  records  of  the  Court  of 
Common  Pleas  of  the  county  aforesaid,  as  of  No.  100  of  May 
term,  1845,  and  that  a  judgment  be  forthwith  entered  thereon,  in 
favour  of  the  plaintiff  above  named,  and  against  the  defendant 
above  named.  And  that  the  judgment  aforesaid.  No.  45,  of  May 
term,  1840,  be  revived,  according  to  the  Act  of  Assembly,  with 
costs. 

Witness  our  hands  and  seals,  this day  of ,  A.  D. 

one  thousand  eight  hundred  and  forty -j&ve.  '. 

JOHN  JONES, 
WILLIAM  BURNS.    ; 
Signed,  sealed  and  delivered 
in  presence  of 

John  Stiles, 
John  Doe. 


For  Judgment,  after  rule  of  Reference  entered. 

*   T>        ^  T^  >  In  the  Common  Pleas  of County,  of 

A.  B.  vs.  C.  D.  ^      T^^^^  ^  J)  ^^  _ 


And  now,  January ,  A.  D. ,  it  is  hereby  agreed,  by 

and  between  the  parties  to  the  above  suit,  that  the  choosing  (or 
"meeting,"  if  they  have  chosen),  of  arbitrators  be  dispensed  with, 
and  that  a  judgment  be  entered  thereon  in  favour  of  the  plaintiff, 
and  against  the  defendant  above  named,  for  the  sum  of dol- 
lars debt,  besides  costs  of  suit,  with  release  of  all  errors,  and  with 
stay  of  execution  according  to  law. 

Witness  our  hands,  the  day  and  year  above  written. 


To  waiv»  Inquisition  and  Condemnation  of  Land  taken 
in  Execution. 

And  now ,  A.  D. -,  the  undersigned  being  the  defend- 
ant named  in  the  within  writ  of  fieri  facias,  and  the  owner  at 
the  time  of  the  issuing  of  said  writ  of  the  real  estate  levied  on 
by  virtue  thereof,  do  hereby  dispense  with  and  waive  the  inqui- 
sition thereon,  and  agree  that  the  same  shall  be  sold  by  the  she- 
riff of  county,  upon  the  present  writ  of  fieri  facias  before 

the  return  day  thereof,  and  without  any  further  writ  from  the 
court  for  that  purpose. 

Witness  my  hand,  the day  of ,  A.  D. . 


% 


70  APPLICATION  FOR  WARRANTS. 


APPLICATION  FOR  WARRANTS. 

Application  for  taking  out  a  Warrant  by  a  Settler  for  Lands 

settled  on. 

John  Jones,  of  the  township  of  Derry,  in  the  county  of  York, 
appUes  for  three  hundred  acres  of  land,  situate  in  said  township 
and  county,  adjoining  lands  of  John  Ebaugh  on  the  east,  William 
Jones  on  the  south,  George  Gary  on  the  west,  and  Adam  Ebaugh 
on  the  north ;  on  which  tract  he  has  made  an  actual  settlement 
and  improvement. 

JOHN  JONES. 

To  the  Surveyor  General. 


Affidavit  and  Certificate  for  Land  settled  on. 

York  County,  ss. 

Before  us,  the  subscribers,  two  of  the  Justices  of  the  Peace  in 
and  for;  said  county,  personally  came  Jonas  Gray,  a  disinterested 
witness,  and  being  sworn,  agreeably  to  law,  did  depose  and  say 
that,  to  his  certain  knowledge,  the  above-described  tract  of  land 
was  first  improved  in  the  month  of  July,  1800,  and  not  before  ; 
that  grain  has  been  raised  thereon,  and  that  the  said  John  Jones 
and  family  are  now  settled  and  reside  on  the  same  tract  of  land, 
and  has  continued  to  reside  thereon  ever  since  the  fijst  day  of 
June,  1804,  [or  as  the  case  may  be.] 

JONAS  GRAY. 
Sworn  and  subscribed,  this  22d  day  > 

of  Sept.,  1845,  before  us,  3 

Timothy  Tuttle,  ^ 

David  Royce. 


Affidavit  and  Certificate  for  Land  improved  but  not  settled. 

York  County,  ss. 
jfj  Before  us,  the  subscribers,  two  of  the  Justices  of  the  Peace  in 

and  for  said  county,  personally  came  John  Roe,  a  disinterested 
witness,  who,  being  sworn  according  to  law,  did  depose  and 
say  that,  to  his  certain  knowledge,  the  land  above  described  was 
first  improved  in  the  month  of  May,  1800,  and  not  before,  [or  as 
the  case  may  be.] 

JOHN  ROE. 
Sworn  and  subscribed  this  10th  day  of 
January,  A.  D.  1845,  before  us, 
\  Timothy  Tuttle, 

David  Royce. 


APPRENTICE.  71 

*Bffidavit  and  Certificate  for  unimproved  Land. 

York  County,  ss. 

Before  us,  the  subscribers,  two  of  the  Justices  of  the  Peace  in 
and  for  said  county,  personally  came  James  Goodman,  a  disin- 
terested witness,  who,  being  sworn  according  to  law,  did  depose 
and  say  that,  to  his  certain  knowledge,  the  land  described  in  the 
above  application  is  unimproved,  and,  as  he  verily  believes,  not 
heretofore  claimed  by  any  other  person,  [or  as  the  case  may  be.] 

JAMES  GOODMAN. 
Sworn  and  subscribed  this  10th  day  of 
January,  A.  D.  1845,  before  us, 

William  Dunn, 
James  Dunlap. 

^iffidavit  of  Applicant  for  Lands  prior  to  the  last  purchase  of 
1784,  {under  the  act  of  1 3th  April,  1807.) 

York  County,  ss. 

Before  me,  the  subscriber,  a  Justice  of  the  Peace  in  and  for 
said  county,  personally  came  John  Jones,  the  above-named  appli- 
cant, who,  being  duly  sworn  according  to  law,  did  depose  and 
say  that,  to  the  best  of  his  knowledge  and  belief,  no  warrant 
or  other  office  right  has  issued  for  the  land  above  described, 
either  in  his  own  name,  or  in  the  name  or  names  of  any  person 
or  persons  under  whom  he  claims  the  same. 

JOHN  JONES. 

Sworn  and  subscribed,  &c. 

(j|;3^  This  last  certificate  is  not  necessary  in  the  last  purchase. 

APPRENTICE. 
Remarks. 

An  apprentice  is  one  who  is  bound,  in  due  form  of  law,  to 
a  master,  and  who  is  to  learn  from  him  his  art,  trade  or  busi- 
ness, and  to  serve  him  during  the  time  of  his  apprenticeship. 
1  B.  Com.,  426;  2  Kent,  Com.,  211.  The  term  during  which 
the  apprentice  is  to  serve,  is  called  his  apprenticeship.  This  con- 
tract is  generally  entered  into  by  indenture  or  deed,  and  is  to  con- 
tinue no  longer. than  the  minority  of  the  apprentice. 

A  master  is  bound  to  instruct  his  apprentice  by  teaching  him, 
bona  fide,  the  knowledge  of  the  art  of  which  he  has  undertaken 
to  teach  him  the  elements.  He  ought  to  watch  over  the  conduct 
of  the  apprentice,  giving  him  prudent  advice  and  showing  him  a 
good  example,  and  fulfilling  towards  him  the  duties  of  a  father, 
as,  in  his  character  of  master,  he  stands  in  loco  parentis.  He  is 
also  required  to  fulfil  all  the  covenants  he  has  entered  into  by  the 
indenture.  He  cannot  abuse  his  authority,  either  by  bad  treat- 
ment, or  by  employing  his  apprentice  in  menial  employments, 


72  APPRENTICE. 

wholly  unconnected  with  the  business  he  has  to  learn.  He  cannot 
dismiss  his  apprentice,  except  by  application  to  a  competent  tri- 
bunal, upon  whose  decree  the  indenture  may  be  canceled. 

An  apprentice  is  bound,  on  his  part,  to  obey  his  master  in  all 
his  lawful  commands,  take  care  of  his  property,  and  promote  his 
interest,  endeavour  to  learn  his  trade  or  business,  and  perform  all 
the  covenants  in  his  indenture,  not  contrary  to  law.  He  cannot 
leave  his  master's  service  during  the  term  of  the  apprenticeship. 
Bouvier's  Law  Diet.,  vol.  i.  p.  85.  For  further  information  on  this 
subject,  see  2  Kent,  Com.,  p.  211,  &c. 

In  Pennsylva.nia,  the  Courts  of  Quarter  Sessions,  and  the 
Mayor's  Courts,  have  jurisdiction  in  apprentice  cases,  and  can 
rescind  the  contract  and  cancel  the  indentures. 

A  writing  without  seal,  is  not  an  indenture  of  apprenticeship 
within  the  meaning  of  the  act  of  1770.  Exparte  Ruggles,  10 
S.  and  R.  416. 

An  infant  under  seven  years  of  age,  may  be  bound  apprentice 
in  any  art,  mystery,  occupation  or  labour,  with  the  assent  of  his 
parent,  guardian  or  next  friend,  under  this  act.  Burtzman  vs. 
"if  Bunnell,  5  Wh.  128.     It  seems  that  the  consent  of  the  parent  or 

guardian  (if  there  be  one)  must  be  had  in  every  case  of  binding, 
except  where  the  infant  is  a  charge.  And  the  word  or  in  the  first 
section  of  the  act  of  1770,  must  be  construed  so  as  tft  effectuate 
the  general  intent  and  policy  of  the  legislature.  Com.  vs.  Van- 
lear,  1  S.  and  R.  250.     Com.  vs.  Jones,  3  S.  and  R.  1 58. 

It  is  not  necessary  that  the  person  who  consents  as  next  friend 
to  the  minor,  should  have  received  an  appointment  as  such  from 
legal  authority.     Roach's  case  1,  Ash.  27. 

An  indenture  executed  by  a  minor,  with  the  consent  of  his 
sister  as  next  friend,  was  held  valid.     Ibid. 

An  indenture  of  apprenticeship  executed  by  an  infant,  without 
the  consent  of  his  parent  or  guardian,  is  not  binding  on  the  infant. 
Guthrie  vs.  Murphy,  4  W,  80. 

The  father  of  an  infant  cannot  bind  him  as  an  apprentice  with- 
out his  consent ;  and  it  is  necessary  that  the  infant  should  become 
a  party  to,  and  execute  the  indenture.  Com.  vs.  Moore,  1  Ash. 
123.  An  apprentice  who  has  been  bound  in  another  state,  to 
learn  any  trade  or  occupation,  cannot  be  taken  out  of  the  state, 
unless  such  removal  is  provided  for  in  the  indenture,  or  arises 
from  the  nature  of  the  contract,  as  in  the  case  of  seafaring  men, 
&c.  Com.  vs.  Edwards,  6  Binn.  202,  S.  P.  Com.  vs.  Deacon,  6 
S.  and  R.  526. 

The  court  will  discharge  an  apprentice  for  acts  of  the  master 
injurious  to  his  mind  and  morals ;  as  for  compelling  him  to  work 
on  Sundays.     Com.  vs.  St.  Germans,  1  Br.  24. 

A  habeas  corpus  may  issue  for  the  body  of  an  apprentice  on 
the  petition  of  his  master,  and  the  court  may  order  the  apprentice 
to  be  delivered  to  his  master.     Com.  vs.  Beck,  1  Br.  277. 


▼ 


APPRENTICE. 


73 


Indenture  of  Apprenticeship. 

This  indenture,  made  the  first  day  of  May  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  forty  four: — witnesseth, 
That  Thomas  Jones,  the  son  of  John  Jones,  of  Reading,  in  the 
County  of  Berks,  and  State  of  Pennsylvania,  (by  and  with  the 
consent  and  advice  of  his  said  father,  testified  by  his  becoming  a 
party  hereto,)  hath  bound  and  put  himself,  and  by  these  presents 
doth  bind  and  put  himself,  apprentice  to  William  Burns,  of  Read- 
ing, county  and  state  aforesaid,  tanner,  after  the  manner  of  an 
apprentice  to  dwell  with  and  serve  the  said  William  Burns  [if  it 
is  intended  to  continue  the  apprenticeship  after  the  death  of  the 
master,  or  to  authorize  him  to  assign  the  apprentice  to  another 
master,  here  insert  the  words,  Aj*  executors,  administrators  and 
assigns'],  from  the  day  of  the  date  hereof,  for  and  during  and 
until  the  full  end  and  term  of  seven  years,  thence  next  ensuing, 
and  fully  to  be  completed  and  ended ;  during  which  term  the  said 
apprentice  his  said  master  faithfully  shall  serve,  and  that  honestly 
and  obediently  in  all  things,  as  a  dutiful  apprentice  ought  to  do. 

And  the  said  William  Burns  [here,  if  intended  as  above,  insert 
the  words,  Azs  executors, administrators  and assigns^jSh^W  teach 
and  instruct,  or  cause  to  be  taught  and  instructed,  the  said  appren- 
tice, in  the  art,  trade  and  mystery  of  a  tanner,  and  shall  send  and 
keep  the  said  apprentice  at  a  school  taught  by  some  competent 
teacher,  for  three  months  at  least,  in  each  and  every  year,  and  shall 
and  will  find  and  provide  for  the  said  apprentice,  sufficient  school 
books,  meat,  drink,  apparel,  washing  and  lodging,  during  the  said 
term ;  and  at  the  expiration  thereof,  shall  and  will  give  his  said 
apprentice  two  suits  of  apparel,  one  whereof  shall  be  new.  In 
witness  whereof,  the  said  parties  have  hereunto  set  their  hands 
and  seals  the  day  and  year  first  above  written. 

Sealed  and  delivered  in  ~> 
presence  of  5 

James  Stiles. 


WILLIAM  BURNS. 


THOMAS  JONES. 


JOHN  JONES. 


^ 


74 


APPRENTICE*. 


Another  form  of  Indenture  of  Apprenticeship. 

This  indenture,  made  the  first  day  of  May,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  forty  four : — witnesseth, 
That  John  Jones,  of  the  city  of  Pittsburgh,  hath  put  and  placed, 
and  by  these  presents,  doth  put  and  bind  out  his  son  Thomas 
Jones,  and  the  said  Thomas  Jones  doth  hereby  put,  place  and 
bind  out  himself  as  an  apprentice  to  William  Burns,  of  the  city 
of  Pittsburgh,  to  learn  the  art,  trade  or  mystery  of  a  carpenter 
and  house  joiner ;  the  said  Thomas  Jones,  after  the  manner  of  an 
apprentice,  to  dwell  with  and  serve  the  said  William  Burns  from 
the  date  hereof  until  the  tenth  day  of  October,  one  thousand  eight 
hundred  and  forty  nine,  at  which  time  the  said  apprentice,  if  he 
should  be  living,  will  be  twenty-one  years  of  age.  During  all 
which  time  or  term,  the  said  apprentice,  his  said  master  faithfully 
shall  serve,  and  that  honestly  and  obediently,  in  all  things,  as  a 
dutiful  apprentice  ought  to  do. 

And  the  said  William  Burns,  on  his  part,  doth  hereby  covenant, 
(^  promise  and  agree,  to  teach  and  instruct  the  said  apprentice,  or 

cause  him  to  be  taught  and  instructed,  in  the  art,  trade  or  mys- 
tery of  a  carpenter  and  house  joiner,  and  also  to  send  and  keep 
the  said  apprentice,  for  three  months  at  least,  in  each  and  every 
year,  at  some  school  taught  by  a  competent  teacher ;  and  shall 
well  and  faithfully  find  and  provide  for  the  said  apprentice,  good 
and  sufficient  school  books,  meat,  drink,  clothing,  lodging,  and 
other  necessaries  fit  and  convenient  for  said  apprentice,  during 
the  term  aforesaid,  and  at  the  expiration  thereof,  shall  give  unto 

fthe  said  apprentice  two  suits  of  wearing  apparel,  one  of  which 
shall  be  new. 
^  In  testimony  whereof,  the  said  parties  have  hereunto  set  their 

jjl       hands  and  seals  the  day  and  year  first  above  written. 
Sealed  and  delivered  in  ^ 
presence  of  5 

James  Stiles.  ^^^ 

JOHN  JONES. 


WILLIAM  BURNS. 


THOMAS  JONES. 


APPRENTICE.  75 

Indenture  of  Apprenticeship  by  Overseers  of  the  Poor. 

This  indenture,  made  the  tenth  day  of  October,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  forty -four: — witnesseth, 
That  John  Jones  and  William  Burns,  overseers  of  the  poor,  of  the 
county  of  Crawford,  have  put  and  placed,  and  by  virtue  of  an 
act  of  this  state,  entitled, "  An  Act  for  the  relief  of  the  Poor," 
do  hereby,  with  the  approbation  and  consent  of  James  Price  and 
Charles  Dunn,  Esquires,  two  of  the  justices  of  the  peace,  for  the 
said  county,  put  and  place  Sarah  Brown,  a  poor  child  of  town- 
ship of  Mead,  apprentice  to  Thomas  Cole,  of  the  same  place,  with 
him  to  dwell  and  serve,  from  the  day  of  the  date  hereof,  until  the 
full  end  and  term  of  seven  years,  during  all  which  term  the  said 
Sarah  Brown  her  said  master  faithfully  shall  serve  in  all  lawful 
business,  according  to  her  power  and  ability,  and  honestly  and 
obediently  in  all  things  demean  and  behave  herself  towards  her 
said  master,  and  all  his  during  the  said  term :  and  the  said  Tho- 
mas Cole  doth  covenant  and  agree  for  himself,  his  executors  and 
administrators,  to  and  with  the  said  John  Jones  and  William 
Burns,  overseers  as  aforesaid,  and  their  successors,  for  the  time 
being,  and  every  of  them,  by  these  presents,  as  follows:  That  he, 
the  said  Thomas  Cole,  the  said  Sarah  Brown  shall  and  will  teach 
and  instruct,  or  cause  to  be  taught  and  instructed,  in  sewii)g,  spin- 
ning, knitting,  housewifery,  and  in  reading,  writing  and  branches 
of  common  school  education  ;  and  shall  and  will,  during  the  said 
term,  find,  provide,  and  allow  her  sufficient  meat,  drink,  apparel, 
lodging  and  washing,  and  all  other  necessaries ;  and  also,  shall 
and  will  so  provide  for  the  said  Sarah  Brown,  that  she  be  not  in 
any  wise  a  charge  or  chargeable  to  the  said  township,  or  to  the 
inhabitants  of  the  same,  but  from  all  charges  concerning  her  shall 
and  will  save  the  said  township,  and  the  inhabitants  thereof,  harm- 
less and  indemnified  during  the  said  term  ;  and,  at  the  expiration 
thereof,  shall  and  will,  at  his  own  charge,  give  and  allow  the  said 
Sarah  Brown  two  suits  of  apparel,  one  whereof  shall  be  new. 

In  witness  whereof,  the  said  parties  to  these  presents  have  here- 
unto set  their  hands  and  seals,  the  day  and  year  first  above  written. 

Sealed  and  delivered  in     > 
presence  of  3  "^J^Ud 

James  Stiles.  ^^mH^^S- 

JOHN  JONES. 


WILLIAM  BURNS. 
THOMAS  COLE. 


•• 


4^. 


76  ARBITRATION  AND  AWARD. 

Q^  The  overseers  of  the  poor  are  authorized,  with  the  con- 
sent and  approbation  of  two  or  more  magistrates,  to  put  out  as 
apprentices  all  poor  children,  whose  parents  are  dead,  or  by  the 
said  magistrates  found  unable  to  maintain  them.  Act  of  13th 
June,  1836.  The  officers  of  the  House  of  Refuge  also  have  the 
power  to  bind  out  any  who  are  sentenced  to  that  place.  Their 
custom  is,  to  bind  out  its  inmates  to  trades,  as  soon  as  sufficiently 
reformed. 


Approbation  of  the  Apprenticeship  of  Paupers. 

We,  the  subscribers,  justices  of  the  peace,  in  and  for  the  county 

of ,  do  hereby  approve  and  consent  to  the  execution  of  the 

indentures  of  apprenticeship  in  the  case  of  the  within  named  A. 

B.,  a  pauper,  the  term  of  which  is  to  expire  on  the day  of 

,  A.  D.  one  thousand  eight  hundred  and -. 


ARBITRATION  AND  AWARD. 

Remarks. 

Arbitrators  are  so  called  because  they  have  generally  an  arbi- 
trary power.     Their  sentences  are  called  awards. 

An  arbitration  is  a  reference  and  submission  of  a  matter  in 
dispute  concerning  property  or  a  personal  wrong,  to  the  decision 
of  one  or  more  persons  as  arbitrators. 

Arbitrations  are  either  voluntary  or  compulsory.  The  volun- 
tary, are  those  made  by  mutual  consent ;  and  the  compulsory,  are 
where  either  party  has  a  right  to  enter  a  rule  of  reference  without 
the  consent  of  the  other.  Before  the  revised  Act  of  1836,  a  variety 
of  modes  of  arbitration  existed  in  Pennsylvania.  1st.  Are  those 
made  by  mutual  consent,  in  which  the  parties  select  the  arbitra- 
tors, and  bind  themselves  by  bond  to  abide  their  decision ;  these 
are  made  without  any  rule  of  court.  3  Bl.  Com.  16.  2d.  Those 
which  are  made  in  a  cause  depending  in  court,  by  a  rule  of  court, 
before  trial ;  these  are  arbitrations  at  common  law,  and  the  award 
is  enforced  by  attachment.  Kyd  on  Awards,  21.  3d.  Those 
which  are  made  by  virtue  of  the  statute  9  &  10  Will.  3,  c.  15,  by 
which  it  is  agreed  to  refer  a  matter  in  dispute  not  then  in  court, 
to  arbitrators,  and  agree  that  the  submission  be  made  a  rule  of 
court,  which  is  enforced  as  if  it  had  been  made  a  rule  of  court. 
Kyd  on  Awards,  22.  4th.  Those  made  under  the  Act  of  Assem- 
bly of  1705.     5th.  Those  made  under  the  Act  of  1806. 

The  provisions  of  the  Acts  of  1705  and  1810,  and  the  English 
statutes  above  mentioned,  have  been  incorporated  into  the  revised 
Act  of  1836.    The  Act  of  1806  is  still  in  force,  but  seldom  do 


•  • 


ARBITRATION  AND  AWARD.  77 

arbitrations  take  place  under  it,  by  reason  of  the  difficulty  and 
danger  of  enforcing  the  awards  under  it.  The  most  usual  me- 
thods of  arbitrations  at  this  time  in  Pennsylvania,  are  those  made 
by  mutual  consent,  in  which  the  parties  select  the  arbitrators,  and 
bind  themselves  by  bond  to  abide  their  decision,  or  else  by  the 
Act  of  Assembly,  of  16th  June,  1836,  (Pamph.  Laws,  p.  715), 
which  provides  for  either  voluntary  or  compulsory  arbitrations, 
Either  party  may,  in  a  civil  suit  or  action,  or  his  attorney,  may 
enter  at  the  prothonotary's  office,  a  rule  of  reference  under  the 
said  Act  of  1836,  wherein  he  shall  declare  his  determination  to 
have  arbitrators  chosen,  on  a  certain  day  to  be  mentioned  therein, 
not  exceeding  thirty  days  thereafter,  for  the  trial  of  all  matters  in 
variance  in  the  suit  between  the  parties,  provided  that  the  plain- 
tiff shall  not  enter  such  rule,  until  he  files  a  declaration  or  state- 
ment of  his  cause  of  action.  A  copy  of  this  rule  is  to  be  served 
on  the  opposite  party,  his  agent  or  attorney,  at  least  fifteen  days 
before  the  day  fixed  for  the  appointment  of  arbitrators.  On 
the  day  appointed,  they  meet  at  the  prothonotary's  and  endea- 
vour to  agree  upon  arbitrators ;  if  they  cannot,  the  prothonotary 
makes  out  a  list  on  which  are  inscribed  the  names  of  a  number 
of  citizens,  and  the  parties  alternately  strike  each  one  of  them 
from  the  list,  beginning  with  the  plaintiff,  until  there  are  but  the 
number  agreed  upon,  or  fixed  by  the  prothonotary  left,  who  are 
to  be  the  arbitrators.  The  time  of  meeting  is  then  agreed  upon 
by  the  parties,  or  appointed  by  the  prothonotary,  provided  that 
the  time  of  meeting  shall  not  be  less  than  ten,  nor  more  than 
twenty  days  after  their  appointment.  The  party  by  whom  the 
rule  of  reference  shall  have  been  entered,  must  procure  from  the 
prothonotary  a  certified  copy  of  the  record,  and  serve  a  copy  of 
the  same  on  each  of  the  arbitrators,  and  also  on  the  opposite 
party,  giving  ten  days  notice  previous  to  the  day  of  meeting.  At 
the  time  fixed  for  the  meeting,  the  arbitrators  are  sworn  or  affirm- 
ed, justly  and  equitably  to  try  all  matters  in  variance  submitted 
to  them,  and  proceed  to  hear  and  determine  the  case.  Their  award 
is  filed  in  the  office  of  the  prothonotary,  and  has  the  effect  of  a 
judgment,  subject,  however,  to  an  appeal,  which  may  be  entered 
at  any  time  within  twenty  days  after  the  filing  of  such  award. 
For  further  particulars,  see  Pamphlet  Laws  of  1836,  p.  715. 

Under  Act  of  1836.     Agreement  to  refer. 
John  Jones     ^  j^  ^^^  ^^^^^  ^^  Common  Pleas  of  Erie  county, 
William  Burns.  \     ^o-  37  of  August  Term,  1844. 


And  now,  September  10th,  1844,  the  said  John  Jones  and  Wil- 
liam Burns,  under  the  provisions  of  the  Act  of  Assembly  of  16th 
June,  1836,  do  hereby  agree  to  submit  all  matters  in  controversy 


^Rk 


^ 


78  '^    .  ARBITRATION  AND  AWARD. 


in  our  said  suit  to  Daniel  Stone,  Samuel  Dean  and  Thomas 
Brown,  mutually  chosen  by  us,  and  furthermore  agree,  that  our 
submission  to  such  award  or  umpirage  be  made  a  rule  of  and  in 
said  court,  and  hereby  respectively  bind  ourselves  to  submit  to, 
and  be  finally  concluded  by,  the  award  or  umpirage  of  said  re- 
ferees, or  a  majority  of  them. 

Witness  our  hands  and  seals. 

Sealed  and  delivered  in 
presence  of 

James  Stiles, 
Charles  Cole. 


JOHN  JONES. 

4 

WILLIAM  BURNS. 


Erie  County,  ss. 

Before  me,  the  subscriber,  prothonotary  of  the  Court  of  Com- 
mon Pleas  of  Erie  County  aforesaid,  in  the  said  court,  personally 

came  on  this  day  of ,  James  Stiles,  who  being  duly 

sworn  [or  affirmed],  did  depose  and  say,  that  he  was  witness  to 
the  execution  of  the  above  agreement,  and  saw  said  John  Jones 
and  William  Burns  severally  sign  and  seal  the  same  as  their  act 
and  deed. 

JAMES  STILES. 

Sworn  and  subscribed  in  open  court  before  me. 


Awards  of  Arbitrators,  in  Debt  or  Case. 

And  now,  the  tenth  day  of  October,  A.  D.  1844,  at  Erie,  the 
arbitrators  within  named  being  all  present,  [or  if  two  only  are 
present,  say,  «  Daniel  Stone  and  Samuel  Dean,  two  of  the  arbi- 
trators within  named,  being  present,  and  proof  having  been  made, 
that  due  notice  of  the  time  and  place  of  meeting  was  given  to 
Thomas  Brown,  the  other  arbitrator,  who  was  absent,  and  James 
Burns  having  been  duly  appointed  to  fill  the  vacancy,"]  and  all 
being  duly  sworn,  [or  affirmed,]  and  having  heard  the  evidence 
and  allegations  of  the  parties,  do  award  in  favour  of  the  plaintifi" 
the  sum  of  one  hundred  dollars  [or  "  no  cause  of  action,"  as  the 
case  may  be.] 

(Signed  by  the  arbitrators,  or  a  majority  of  thenpi.) 


ASSIGNMENT.  79 

Award  in  Replevin  for  Rent. 

And  now,  the  tenth  day  of  October,  A.  D.  1844,  at  Erie,  the 
arbitrators  within  named  being  all  present,  and  all  being  duly- 
sworn,  and  having  heard  the  evidence  and  allegations  of  the  par- 
ties, do  award  that  there  is  due  to  the  avowant,  John  Jones,  from 
the  plaintiff,  William  Burns,  the  sum  of  sixty  dollars,  for  rent  in 
arrear,  due  the  first  day  of  July,  1844,  and  that  the  value  of  the 
goods  distrained  is  seventy-five  dollars. 

Award  in  Replevin,  when  property  is  to  be  returned. 

And  now,  the day  of ,  A.  D. ,  at  Erie,  the  arbi-  ^^ 

trators  within  named  being  all  present,  and  all  being  duly  sworn  ^ 
according  to  law,  and  having  heard  the  evidence  and  allegations 
of  the  parties,  do  award  in  favour  of  the  defendant  in  replevin, 
and  direct  that  the  plaintiff  in  replevin  return  the  property  dis- 
trained, and dollars  damages  for  detention. 


ASSIGNMENT. 

An  assignment,  in  common  parlance,  signifies  the  transfer  of 
all  kinds  of  property,  real,  personal  and  mixed,  and  whether  the 
same  be  in  possession  or  in  action;  as  a  general  assignment. 

In  a  more  technical  sense,  it  is  usually  applied  to  the  transfer 
of  a  term  of  years ;  but  it  is  more  properly  used  to  signify  a 
transfer  of  some  particular  estate  or  interest  in  lands.  The  proper 
technical  words  of  an  assignment,  are,  assign,  transfer  and  set 
over ;  but  the  words  grant,  bargain  and  sell,  or  any  other  words 
which  will  show  the  hitent  of  the  parties  to  make  a  complete 
transfer,  will  amount  to  an  assignment. 

Assignment  of  Dower  by  the  Heir. 

This  indenture,  made  the  first  day  of  May,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  forty-four,  between  Tho- 
mas Jones,  son  and  heir  of  John  Jones,  late  of  the  city  of  Lan- 
caster, of  the  one  part,  and  Ellen  Jones,  widow  and  relict  of  the 
said  John  Jones,  of  the  other  part : — 

Whereas,  the  said  John  Jones  was  in  his  lifetime  at  the  time  of 
his  death,  seized  in  his  demesne  as  of  fee,  of  and  in  divers  lands 
and  tenements  in  the  city  of  Lancaster,  in  the  county  of  Lan- 
caster, and  State  of  Pennsylvania,  which,  upgn  the  decease  of  the 
said  John  Jones,  descended  unto  the  said  Thomas  Jones  :  Now, 
this  indenture  witnesseth,  that  the  said  Thomas  Jones  hath  en- 
dowed and  assigned,  and  by  these  presents,  doth  endow  and 
assign,  unto  the  said  Ellen  Jones,  the  third  part  of  the  said 


80  ASSIGNMENT. 

lands  ana" tenements,  to  wit:  All  that  messuage  [here  describe 
the  premises,]  to  have  and  to  hold  unto  the  said  Ellen  Jones,  for 
and  during  the  natural  life  of  the  said  Ellen  Jones,  in  severalty 
by  mites  and  bounds,  in  the  name  of  the  dower,  and  in  recom- 
pense and  satisfaction  of  all  the  dower  which  the  said  Ellen  Jones 
ought  to  have,  of  or  in  the  said  lands  and  tenements  which  were 
of  the  said  John  Jones  in  his  lifetime. 

In  witness  whereof,  the  said  parties  to  these  presents  have 
hereunto  set  their  hands  and  seals,  the  day  and  year  first  above 
written. 

Sealed  and  delivered  in  > 
presence  of  3 

James  Stiles. 

THOMAS  JONES. 


ELLEN  JONES. 


*^ssignm.ent  of  a  Deed. 

Know  all  men  by  these  presents,  that  John  Jones,  the  grantee 
within  named,  and  Ellen  his  wife,  for  and  in  consideration  of  the 
sum  of  two  hundred  dollars,  to  them  in  hand  paid  by  William  Burns, 
of  Carlisle,  Cumberland  county,  Pennsylvania,  at  and  before  the 
ensealing  and  delivery  hereof,  the  receipt  whereof  is  hereby  ac- 
knowledged, have  granted,  bargained,  sold,  assigned  and  set  over 
unto  the  said  William  Burns,  his  heirs  and  assigns,  all  that  the 
within  mentioned  messuage,  tenement  and  tract  of  land  containing 
fifty  acres  more  or  less,  together  with  all  and  singular  the  rights, 
members  and  appurtenances  whatsoever  thereunto  belonging  or  in 
any  wise  appertaining;  and  the  reversions  and  remainders,  rents, 
issues  and  profits  thereof;  to  have  and  to  hold  the  said  messuage, 
tenement  or  tract  of  land,  hereby  granted  and  assigned,  or  men- 
tioned, or  intended  so  to  be,  with  the  appurtenances,  unto  the  said 
William  Burns,  his  heirs  and  assigns,  to  the  only  proper  use  and 
behoof  of  the  said  William  Burns,  his  heirs  and  assigns,  forever. 
And  the  said  John  Jones  and  his  heirs,  the  said  hereby  granted 
and  assigned  premises,  with  the  appurtenances  unto  the  said  Wil- 
liam Burns,  his  heirs  and  assigns,  against  the  said  John  Jones  and 
his  heirs,  and  against  all  and  every  other  person  or  persons  whom- 
soever, lawfully  claiming,  or  to  claim,  by,  from  or  under  him, 

,  them  or  any  of  them,  shall  and  will  warrant  and  forever  defend 

\by  these  presents.* 

*  Assignments  of  deeds,  and  all  other  instruments  of  writing,  in  order  to  be 
recorded,  must  be  acknowledged  in  the  same  manner  as  a  deed.    Assignments 


ASSIGNMENT. 


81 


In  witness  whereof,  the  said  parties  to  these  presents  have  here- 
iinto  set  their  hands  and  seals,  this  first  day  of  May,  A.  D.  1844. 

JOHN  JONES. 


ELLEN  JONES. 


t/9ssignment  of  a  Lease. 

Know  all  men  by  these  presents,  that  I,  the  within  named  John 
Jones,  for  and  in  consideration  of  the  sum  of  fifty  dollars,  to  me 
in  hand  paid,  by  William  Burns,  of  Lancaster,  in  the  county  of 
Lancaster,  and  State  of  Pennsylvania,  at  and  before  the  ensealing 
and  delivering  hereof,  the  receipt  whereof  I  do  hereby  acknow- 
ledge, have  granted,  assigned  and  set  over,  and  by  these  presents 
do  grant,  assign  and  set  over,  unto  the  said  William  Burns,  his 
executors,  administrators  and  assigns,  the  within  indenture  of 
lease,  and  all  that  messuage  described  therein,  with  the  appur- 
tenances ;  and  also  all  my  estate,  right,  title,  term  of  years  yet  to- 
come,  claim  and  demand  whatsoever,  of,  in,  to  or  out  of  the 
same ;  to  have  and  to  hold  the  said  messuage  and  appurtenances 
unto  the  said  William  Burns,  his  executors,  administrators  and 
assigns,  for  the  residue  of  the  term  within  mentioned,  under  the 
yearly  rents  and  covenants,  within  reserved  and  contained,  on 
my  part  and  behalf  to  be  done,  kept  and  performed. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  this 
tenth  day  of  March,  A.  D.  1844. 


JOHN  JONES. 


tS.nother  Assignment. 

Memorandum  of  assignment,  this  fourth  day  of  June,  1844. 

The  within  named  John  Jones  hath  this  day  assigned  and 
made  over  unto  William  Burns,  of  Erie,  all  and  singular  the 
hereditaments  and  premises  in  the  within  written  lease  described 

of  deeds  ought,  in  general,  to  be  discouraged,  on  account  of  the  difficulty  of  get- 
ting them  properly  upon  record. 


82  '■'■gMj  ASSIGNMENT. 

and  granted,  with  the  whole  of  his  estate  and  interest.     As  wit- 
ness his  hand  and  seal. 


JOHN  JONES. 


t^ssignment  of  a  Debt. 

Know  all  men  by  these  presents,  that  I,  John  Jones,  of  Erie,  in 
th^county  of  Erie  and  State  of  Pennsylvania,  in  consideration  of 
the  sum  of  one  hundred  dollars,  now  justly  due  and  owing  by 
me  to  William  Burns,  of  Erie  aforesaid ;  and,  for  the  better 
securing  the  payment  of  the  same  to  the  said  William  Burns, 
have  bargained,  sold,  assigned  and  transferred  to  him  all  that 
debt  or  sum  of  one  hundred  dollars,  which  is  now  due  and 
owing  to  me  from  James  Stiles,  of  Meadville,  for  goods  sold  and 
delivered  by  me  to  the  said  James  Stiles  or  his  order,  before 
the  day  of  the  date  hereof;  and  all  my  right,  title,  interest, 
claim  and  demand,  of,  in  and  to  the  said  debt  or  sum  of  one  hun- 
dred dollars,  or  any  part  thereof;  to  hold  to  the  said  William 
Burns,  his  executors,  administrators  and  assigns,  from  henceforth 
to  his  own  proper  use,  benefit  and  behoof  forever. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  this 
tenth  day  of  May,  A.  D.  1844. 

Jf  JOHN  JONES. 


t/lssignment  of  a  Judgment. 

Know  all  men  by  these  presents,  that  I,  John  Jones,  of  Reading, 
in  the  county  of  Berks  and  State  of  Pennsylvania,  in  considera- 
tion of  the  sum  of  two  hundred  dollars  to  me  in  hand  paid  by 
William  Burns,  of  Reading  aforesaid,  have  granted,  bargained, 
transferred,  assigned  and  made  over,  unto  the  said  William  Burns, 
his  executors,  administrators  and  assigns,  a  certain  judgment  by 
me  recovered  in  the  County  Court  of  Common  Pleas  of  Berks,  in 
the  State  of  Pennsylvania,  at  August  term  last,  against  James 
Stiles,  of ,  for  the  sum  of  two  hundred  dollars  debt  or  da- 
mages, and  the  sum  of  twenty  dollars  costs  of  suit ;  together  with 
all  the  benefit  and  advantages  that  may  be  obtained  thereb3\ 
And  I  do  hereby  grant  to  him,  the  said  William  Burns,  his  execu- 
tors, administrators  and  assigns,  full  power  to  recover  the  same 
to  his  own  and  their  own  use. 


ASSIGNMENT.  '  J^^  83 


In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  this 
tenth  day  of  October,  1844. 


»^jssignment  of  Moneys  due  upon  Account. 

Know  all  men  by  these  presents,  that  I,  John  Jones,  of  Harris- 
burg,  in  consideration  of  the  sum  of  one  hundred  dollars  to  me  in 
hand  paid,  by  William  Burns,  of  the  same  place,  do   hereby  ",^ 

assign  and  set  over,  unto  the  said  William  Burns,  to  his  own  '^ 

proper  use,  without  any  account  to  be  given  for  the  same,  the 
sum  of  one  hundred  and  thirty  dollars,  and  all  other  sura  or  sums 
of  money  that  are  remaining  due  and  payable  upon  and  by  virtue 
of  the  annexed  account  of  moneys  due  to  me  by  James  Stiles, 
and  all  my  right,  title,  interest  and  demand  in  and  to  the  same ; 
and  to  give  and  grant  unto  the  said  William  Burns  full  power 
and  authority  to  demand  and  receive  the  same  to  his  own  use ; 
and  upon  the  receipt  thereof,  to  give  discharges  for  the  same,  or 
any  part  thereof.  And  I,  the  said  John  Jones,  do  hereby  cove- 
nant and  agree  to  and  with  the  said  William  Burns,  that  the  said 
sum  of  one  hundred  and  thirty  dollars  is  justly  due  and  owing, 
and  that  I  have  not  received  or  discharged  the  same  or  any  part 
thereof* 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  this 
tenth  day  of  June,  A.  D.  1844. 

JOHN  JONES. 


Jissignment  of  a  Mortgage.  ^*iJjBk, 

Know  all  men  by  these  presents,  that  I,  John  Jones,  the  mort- 
gagee within  named,  for  and  in  consideration  of  the  sum  of  one 
thousand  dollars  to  me  in  hand  paid  by  William  Burns,  of  Butler, 
in  the  county  of  Butler,  and  State  of  Pennsylvania,  at  and  before 
the  ensealing  and  delivery  of  these  presents,  the  receipt  whereof 
is  hereby  acknowledged,  have  granted,  bargained,  sold,  assigned 
and  set  over,  and  by  these  presents  do  grant,  bargain,  sell,  assign 
and  set  over,  unto  the  said  William  Burns,  his  heirs  and  assigns, 
the  within  named  indenture  of  mortgage,  and  all  that  messuage, 

•  An  account  of  this  kind  is  called  a  chose  in  action,  and  must  be  sued  for  in 
the  name  of  the  assignor,  for  the  use  of  the  assignee. 


^ 


84  ASSIGNMENT. 

with  the  appurtenances  therein  mentioned  and  described ;  toge- 
ther with  the  rights,  members  and  appurtenances  thereunto  be- 
longing, and  all  my  estate,  right,  title  and  interest  therein;  to 
have  and  to  hold  all  and  singular  the  premises  hereby  granted 
and  assigned,  or  mentioned  or  intended  so  to  be,  unto  the  said 
William  Burns,  his  heirs  and  assigns  forever ;  subject,  neverthe- 
less, to  the  right  and  equity  of  redemption,  of  the  within  named 
James  Stiles,  his  heirs  and  assigns,  in  the  same. 

In  witness  whereof,  1  have  hereunto  set  my  hand  and  seal,  this 
first  day  of  October,  1844. 
Sealed  and  delivered  > 

in  presence  of        5 

James  Stone. 


JOHN  JONES. 


Assignment  of  a  Bond  where  the  »dssignor  is  liable. 

For  a  valuable  consideration,  to  me  in  hand  paid  by  William 
Burns,  of  Pittsburgh,  I  do  hereby  assign  and  set  over  the  within 
obligation,  and  all  moneys  due  and  to  become  due  thereon,  unto 
the  said  William  Burns,  his  executors,  administrators  and  assigns; 
and  in  case  the  same  cannot  be  recovered  of  the  within  named 
Daniel  Stone,  then  I  do  promise  and  agree  to  pay  the  amount 
thereof,  together  with  all  charges  thereupon  accruing  unto  the 
said  William  Burns,  his  executors,  administrators  or  assigns. 
Witness  my  hand  and  seal,  this  first  day  of  August,  A.  D.  1844. 
^Witnesses  present: 

James  Stiles, 
David  Dean. 


JOHN  JONES. 


Jlssignment  of  a  Bond  where  the  Assignor  is  not  liable. 

For  a  valuable  consideration,  to  me  in  hand  paid,  by  William 
Burns,  of  Pittsburgh,  I  do  hereby  assign  and  set  over  the  within 
obhgation,  and  all  moneys  due  and  to  become  due  thereon,  unto 
the  said  William  Burns,  his  executors,  administrators  and  assigns; 
and  in  no  case  holding  myself  responsible  for  the  recovery  or 
payment  of  the  same ;  but  the  risk  and  losses,  if  any,  to  be  borne 


••% 


ASSIGNMENT. 


t 


85 


by  the  said  William  Burns,  his  executors,  administrators,  or 
assigns. 

Witness  my  hand  and  seal,  this  tenth  day  of  October,  A.  D.  1844. 
Witness  present, 

James  Stiles, 
David  Dean. 


JOHN  JONES. 


■im^ 


Short  form  of  Assignment  where  the  %^ssignor  is  liable. 

For  value  received,  I  do  assign  and  set  over  the  within  obliga- 
tion, and  all  moneys  due  thereon,  unto  William  Burns,  his  exe- 
cutors, administrators  and  assigns,  hereby  guaranteeing  the  pay- 
ment thereof,  in  case  of  default  being  made  by  the  within-named 
Samuel  Stone. 

Witness  my  hand  and  seal,  this  tenth  day  of  May,  A.  D.  1844. 
Witness  present, 

James  Stiles, 
David  Dean. 


.%)3i£. 


JOHN  JONES. 


Assignment  where  the  Assignor  is  not  liable. 

For  value  received,  I  do  hereby  assign  and  set  over  the  within 
obligation,  and  alj  moneys  due  thereon,  unto  William  Burns,  his 
executors,  administrators  or  assigns,  not  holding  myself  liable  for 
the  payment  of  the  same ;  the  losses,  if  any,  and  the  recovery 
thereof,  to  be  wholly  at  the  risk  of  the  said  William  Burns, 

Witness  my  hand  and  seal,  this  tenth  day  of  May,  A.  D.  1S44. 
Witness  present, 

James  Stiles, 
David  Dean. 


JOHN  JONES. 


Note. — ^^There  must  be  two  subscribing  witnesses  to  either  of 
the  foregoing  assignments  of  bonds. 

H 


86  ASSIGNMENT.  ^'\ 

Jissignment  of  a  Note,  where  the  Jlssignor  is  liable. 

For  value  received,  I  assign  the  within  note  to  William  Burns, 
this  tenth  day  of  June,  one  thousand  eight  hundred  and  forty- 
four,  and  guarantee  the  collection  of  the  same. 

i  JOHN  JONES. 

Jissignment,  tohere  the  Assignor  is  not  liable. 

Without  any  recourse  to  me  had,  I  assign,  for  a  valuable  con- 
sideration, the  within  note  to  William  Burns^  it  being  the  express 
understanding  of  the  parties,  that  he  takes  it  at  his  own  risk,  and 
frees  me  from  all  responsibilities.  JOHN  JONES. 

Assignment  of  an  Apprentice. 

Know  all  men  by  these  presents,  that  I,  John  Jones,  for  divers 
good  causes  and  considerations,  have  assigned  and  set  over,  and 
by  these  presents,  (as  far  as  I  lawfully  may  or  can,)  do  assign  and 
set  over  the  within  indenture  and  the  apprentice  therein  named 
unto  William  Burns,  his  executors,  administrators  and  assigns,  for 
the  residue  of  the  term  within  mentioned :  he  and  they  perform- 
ing all  and  singular,  the  covenants  therein  contained,  on  my  part 
to  be  kept  and  performed,  and  indeninifying  me  from  the  same.* 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  this 
tentli  day  of  August,  A.  D.  1844. 


JOHN  JONES. 


Assignment  of  a  Servant. 

In  consideration  of  the  sum  of  seventy-five  Hollars,  to  me  in 
hand  paid,  by  William  Burns,  of  Philadelphia,  I  do  hereby  assign 
and  set  over  the  within  named  servant,  to  serve  the  said  William 
Burns,  his  executors,  administrators  and  assigns,  for  the  residue  of 
the  term  within  mentioned.! 

Witness  my  hand  and  seal,  this  tenth  day  of  October,  A.  D. 
1844. 


JOHN  JONES. 


•  This  assignment  cannot  be  made  unless  the  indenture  extends  to  assigns  • 
and  then  not  without  the  consent  of  all  the  -parties  therein  named,  which  must 
be  in  writing,  and  certified  before  a  Justice  of  the  Peace. 

f  This  must  be  done  before  a  Justice  of  the  Peace. 


ATTESTATION.  87 

jSssignment  of  Shares  in  a  Compani/. 

For  value  received,  I,  John  Jones,  of  Pittsburgh,  assign  the 
whole  of  my  right,  title  and  interest  of,  in  and  to  ten  shares  in  the 
Monongahela  Bridge  Company  of  Pennsylvania,  to  William 
Burns,  of  Allegheny  city,  and  constitute  him,  his  assigns  and  sub- 
stitutes, my  attorney  and  attorneys,  with  full  power  to  receive  in 
his  or  their  name  or  names,  certificates  for  the  said  shares,  hereby 
obliging  myself  at  his  or  their  request,  to  do  all  necessary  matters 
and  things,  for  the  more  effectually  transferring  the  said  shares  to 
him  or  them. 

Witness  my  hand  and  seal,  this  tenth  day  of  June,  A.  D.  1844. 


JOHN  JONES. 


Acknowledged  before  me,  a  Notary  Public  for  the  Common- 
wealth of  Pennsylvania,  this  twelfth  day  of  June,  1844. 

JAMES  DEAN. 

j9ssign?neni  of  a  Policy  of  Insurance. 

Having  sold  and  conveyed  the  premises  within  mentioned  to 

A.  B.,  of ,  his  heirs  and  assigns  forever,  I  do  hereby  for  and 

in  consideration  of  the  sum  of dollars,  to  me  in  hand  paid  by 

the  said  A.  B.,  assign  and  transfer  the  within  policy  of  insurance 
to  him,  his  executors,  administrators  and  assigns.  The  said  A. 
B.,by  subscribing  this  assignment,  making  himself  responsible  for 
all  the  covenants  to  which  I  have  bound  myself  by  the  within 
policy. 

Witness  our  hands  and  seals,  this  tenth  day  of  January,  A.  D. 
one  thousand  eight  hundred  and  forty-five. 


J.  D. 


A.  B.     ^ 


ATTESTATION. 


Attestation  in  contracts  and  evidence,  is  the  act  of  witnessing 
an  instrument  of  writing,  at  the  request  of  the  party  making  the 
same  ;  and  subscribing  it  as  a  witness. 


88  BILLS. 

Where  there  are  Interlineations  or  Erasures  in  Instrtiments 
of  fVriting. 

Signed,  sealed  and  delivered,  by  the  within  named  John  Jones, 
the  words,  "  and  his  heirs  and  assigns,^'  (or  whatever  they  may 
be),  having  been  previously  interlined  in  the  tenth  and  eighteenth 
lines,  in  presence  of  us. 

By  a  Blind  Person. 

The  above-written  instrument  was  signed,  sealed  and  delivered 
by  the  above-named  John  Jones,  and  he  being  blind,  the  same 
was  carefully  and  deliberately  read  over  to  him,  in  presence  of  us. 

Where  there  are  Erasures. 

Signed,  sealed  and  delivered  by  the  within  named  John  Jones, 

the  words  " ,"  having  been  previously  stricken  out  of  the 

tenth  line,  and  the  words  « "  interlined  in  the  same. 


BILLS. 

Remarks. 

There  are  bills  of  various  kinds.  A  bill  of  exchange  is  defined 
to  be  an  open  letter  of  request  from,  and  order  by,  one  person  on 
another,  to  pay  a  sum  of  money  therein  mentioned  to  a  third  per- 
son, on  demand,  or  at  a  future  time  therein  specified.  2  Bl.  Coin. 
466  ;  Bayl.  on  Bills,  1 ;  Chit,  on  Bills,  1.  The  party  to  a  bill  of 
exchange,  is  the  drawer,  or  he  who  makes  the  order.  The 
drawee,  is  the  person  to  whom  it  is  addressed.  The  acceptor,  is 
he  who  accepts  the  bill.  The  payee,  is  the  party  to  whom,  or  in 
whose  favour  the  bill  is  made.  The  endorser,  is  he  who  writes 
his  name  on  the  back  of  a  bill.  The  indorsee,  is  one  to  whom  a 
a  bill  is  transferred  by  indorsement;  and  the  holder,  is  in  general 
any  one  of  the  parties  who  is  in  possession  of  the  bill,  and  entitled 
to  receive  the  money  therein  mentioned. 

Foreign  bills  of  exchange  consist,  generally,  of  several  parts. 
A  party  who  has  engaged  to  deliver  a  foreign  bill,  is  bound  to  de- 
liver as  many  parts  as  may  be  requested.  2  Pardess,  n.  342.  The 
several  parts  of  a  bill  of  exchange  are  called  a  set;  each  part 
should  contain  a  condition  that  it  shall  be  paid,  provided  the 
others  remain  unpaid. 

The  whole  set  make  but  one  bill.  Bills  of  exchange  are  either 
foreign  or  inland.  Foreign,  when  drawn  by  a  person  out  of,  on 
another  in  the  United  States,  or  vice  versa,  or  by  a  person  in  a 


BILLS.  89 

foreign  country,  on  another  person  in  another  foreign  country;  or 
by  a  person  in_  one  state  on  another  in  another  of  the  United 
*  States.  2  Pet.  R.  589 ;  10  Pet.  R.  572  ;  12  Pick.  483  ;  15  Wen. 
527 ;  3  Marsh  (Kty.)  R.  488  ;  Leigh's  R.  37;  4  Wash.  C.  C.  Rep. 
148;  1  Whart.  Dig.  Tit.  Bills  of  Exchange.  There  is,  however, 
some  conflicting  decisions  whether  a  bill  drawn  by  a  person  in 
one  state  on  another  in  another  of  the  United  States  is  a  foreign  bill: 
for  which,  see  5  John.  R.  384 ;  but  the  current  of  decisions  makes 
them  foreign  bills.  The  principal  difference  between  foreign  and 
inland  bills,  is,  that  the  former  must  be  protested,  and  the  latter 
need  not.  6  Mod.  29 ;  2  B.  &  A.  656 ;  Chit,  on  Bills,  (Ed.  of 
1836,)  p.  14. 

Bill  of  Sale  of  Goods  and  Chattels. 

Know  all  men  by  these  presents,  that  I,  John  Jones,  of  the  bo- 
rough of  Reading  and  State  of  Pennsylvania,  in  consideration  of 
the  sum  of  one  hundred  dollars  to  me  in  hand  paid  by  William 
Burns,  of  the  same  place,  at  and  before  the  ensealing  and  deliver- 
ing of  these  presents,  the  receipt  whereof  I  do  hereby  acknow- 
ledge, have  bargained,  sold,  released,  granted  and  confirmed,  and 
by  these  presents  do  bargain,  sell,  release,  grant  and  confirm  unto 
the  said  William  Burns,  all  the  goods,  household  stuff  and  imple- 
ments of  household,  and  all  other  goods  and  chattels  whatsoever, 
mentioned  and  expressed  in  the  schedule  hereunto  annexed,*  now 
remaining  and  being  in  the  house  lately  occupied  by  me  in  Read- 
ing aforesaid,  to  have  and  to  hold  all  and  singular  the  said  goods 
and  chattels,  &c.,  and  every  of  them,  by -these  presents  bargained, 
sold,  released,  granted  and  confirmed  unto  the  said  VVilliam 
Burns,  to  his  only  proper  use  and  behoof,  his  heirs,  executors, 
administrators  and  assigns  forever. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  this 
tenth  day  of  May,  one  thousand  eight  liundred  and  forty-four. 

Witness  present, 

James  Stiles. 


JOHN  JONES. 


•  A  schedule  must  be  annexed  to  this  instrument,  setting  forth  at  large  every 
article  intended  to  be  conveyed  to  the  said  William  Burns,  which  must  be  signed 
by  the  said  John  Jones;  and  I  would  here  remark  that  a  bill  of  sale  is  not  con- 
sidered good  against  creditors,  where  the  personal  property  is  retained  in  the 
possession  of  the  original  owner. 


90  BILLS. 

Bill  of  Sale  of  goods  and  Stock,  in  consideration  of  Mainte- 
nance, 4'c. 

This  indenture,  made  the  tenth  day  of  May,  one  thousand  eight 
hundred  and  forty-four,  between  John  Jones,  of  Pittsburgh,  of  the 
one  part,  and  William  Burns,  of  the  same  place,  of  the  other 
part,  witnesseth,  that  the  said  John  Jones,  in  consideration  of  the 
covenants  hereinafter  mentioned,  on  the  part  of  him,  the  said 
WilUam  Burns,  to  be  performed,  and  for  the  further  consideration 
of  one  dollar  to  him  in  hand  paid  by  the  said  William  Burns,  he, 
the  said  John  Jones,  hath  granted,  bargained  and  sold,  and  by 
these  presents  doth  grant,  bargain  and  sell,  unto  the  said  William 
Burns,  all  and  singular,  the  stock,  goods,  household  stuff,  and  im- 
plements of  household,  and  all  other  goods  and  chattels  whatso- 
ever mentioned  and  expressed  in  the  schedule  hereunto  annexed, 
[see  note  to  the  first  bill  of  sale'\,  now  remaining  and  being  in  the 
dwelling-house  now  occupied  by  me,  and  upon  the  farm  on  which 
said  dwelling-house  stands :  to  have  and  to  hold  all  and  singular, 
the  said  stock,  goods,  and  chattels,  &c.,  and  every  of  them,  by 
these  presents  bargained,  sold  and  confirmed  unto  the  said  Wil- 
liam Burns,  to  his  only  proper  use  and  behoof,  his  heirs,  execu- 
tors, administrators,  and  assigns  forever. 

And  the  said  William  Burns,  in  consideration  of  the  premises, 
doth  hereby  for  himself,  his  heirs,  executors  and  administrators, 
covenant  and  agree  to  and  with  the  said  John  Jones,  his  execu- 
tors and  administrators,  that  he  the  said  WiUiam  Barns,  his  exe- 
cutors and  administrators,  shall  and  will  at  his  and  their  costs  and 
fcharges,  maintain  and  keep  the  said  John  Jones,  during  his  natu- 
ral life,  with  good  and  sufficient  meat,  drink,  wearing  apparel, 
washing  and  lodging,  at  his,  the  said  William  Burns'  own  dwell- 
ing-house, and  also,  that  the  said  William  Burns,  his  executors 
and  administrators,  shall  pay  and  allow  vmto  the  said  John  Jones 
yearly  and  every  year,  during  his  natural  life,  the  sum  of  twenty- 
five  dollars  for  spending  money ;  the  same  to  be  paid  to  the  said 
John  Jones,  at  four  equal  quarterly  payments,  to  be  computed 
from  this  day. 

In  witness  whereof,  the  parties  to  these  presents  have  hereunto 
set  their  hands  and  seals,  the  day  and  year  first  above  written. 

Sealed  and  delivered  in    > 
presence  of  5 

James  Stiles. 


JOHN  JONES. 


WILLIAM  BURNS. 


BILLS.  91 

Bill  of  Sale  of  a  Vessel. 

To  all  to  whom  these  presents  shall  come,  greeting:  Know  ye, 
that  I,  John  Jones,  of  Philadelphia,  owner  of  the  sloop  or  vessel 
called  the  William  Penn,  of  the  burthen  of  one  hundred  and 
ninety  tons,  or  thereabouts,  for  and  in  consideration  of  the  sum 
of  six  hundred  dollars,  to  me  in  hand  paid,  before  the  ensealing 
and  delivery  of  these  presents,  by  William  Burns,  of  the  same 
place,  the  receipt  whereof  I  do  hereby  acknowledge,  have  bar- 
gained and  sold,  and  by  these  presents  do  bargain  and  sell, 
unto  the  said  William  Burns,  his  executors,  administrators  and 
assigns,  the.  said  sloop  or  vessel,  together  with  the  mast,  bowsprit, 
sails,  boats,  anchors,  cables,  and  all  other  necessaries  thereunto 
appertaining  and  belonging.  To  have  and  to  hold  the  said 
sloop  or  vessel,  and  appurtenances  thereunto  belonging,  unto 
him,  the  said  William  Burns,  his  executors,  administrators  and 
assigns,  to  their  sole  and  only  proj»er  use,  benefit  and  behoof  for- 
ever. And  I,  the  said  John  Jones,  have,  and  by  these  presents, 
do  promise,  covenant  and  agree  for  myself,  my  heirs,  e"xecutors 
and  administrators,  to  and  with  the  said  William  Burns,  his  exe- 
cutors and  administrators,  to  warrant  and  defend  the  title  to  the 
said  sloop  or  vessel,  and  all  the  other  before-mentioned  appurte- 
nances, against  all  and  every  person  and  persons  whomsoever. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  seal, 
this  tenth  day  of  May,  one  thousand  eight  hundred  and  forty- 
four. 

Sealed  and  delivered  in 
presence  of 

James  Stiles. 


A  set  of  Bills  of  Exchange. 


iNo.  190  Ex.  £215  Stg. 

Philadelphia,  May  10,  1844. 

Sixty  days  after  sight  of  this,  my  first  of  exchange,  (second 
and  third  of  the  same  tenor  and  date  not  paid,)  pay  to  Messrs. 
Wilmer,  Cohen  &  Co.,  or  order,  two  hundred  and  fifteen  pounds 
sterling,  and  charge  the  same,  without  further  advice,  to 

JOHN  JONES; 
Messrs.  Smith,  Lee  &  Co., 

London. 


92  BILLS. 

Second. 

No.  19U  Ek.  £215  8t2. 


Philadelphia,  May  10,  1844. 
Sixty  days  after  sight  of  this  my  second  of  exchange,  (first  and 
third  of  the  same  tenor  and  date  not  paid,)  pay  to  Messrs.  Wil- 
mer,  Cohen  &  Co.,  or  order,  two  hundred  and  fifteen  pounds 
sterling,  and  charge  the  same,  without  further  advice,  to 

JOHN  JONES. 
Messrs.  Smith,  Lee  &,  Co.,  '> 
London.  5 

Third. 


No.  190  Ex.  £z\.5  Stg. 

Philadelphia,  May  10,  1844.    . 

Sixty  days  after  sight  of  this  my  third  of  exchange,  (first  and 
second  of  the  same  tenor  and  date  not  paid,)  pay  to  Messrs.  Wil- 
mer,  Cohen  &  Co.,  two  hundred  and  fifteen  pounds  sterling,  and 
charge  the  same,  without  further  advice,  to 

JOHN  JONES. 
Messrs.  Smith,  Lee  &  Co., 

London. 

Domestic  Bill  of  Exchange. 


g500 


Pittsburgh,  June  10,  1844. 
Three  days  after  sight,  pay  to  the  order  of  William  Burns,  five 
hundred  dollars,  value  received,  without  further  advice,  which 
charge  to  the  account  of  Yours,  &c. 

JOHN  JONES. 
Messrs.  Robinson  &  Co. 


Philadelphia. 


1 


(^^  Possession  of  a  bill  of  exchange  is  evidence  of  an  au- 
thoriiy  to  demand  payment  of  its  contents.  1  Dal.  193.  But  there 
is  a  distinction  between  bills  endorsed  sp.ecially,  and  in  blank. 
Possession  of  the  latter  proves  property;  but  bills  specially  in- 
dorsed, do  not  pass  by  delivery;  and,  therefore,  possession  does 
not  prove  property  in  them.  2  Dal.  146 ;  1  Yeates,  94. 

A  bill  of  exchange  made  payable  without  the  words  "  or  order" 
or  «  assigns"  or  some  other  words  of  negotiability,  is  not  indors- 
able  over,  so  as  to  enable  the  indorsee  to  sue  the  acceptor  in  his 
own  name.  1  Dal.  194. 


BILLS.  93 

Draft. 

Pittsburgh,  May  10,  1844. 

Sir, 

At  ten  days  sight,  pay  to  the  order  of  William  Burns,  Esq., 

Cashier  of  the  Bank  of  North  America,  live  hundred  and  fifty 

dollars  and  fifty  cents,  for  account  of        Yours,  &c. 

JOHN  JONES. 

Mr.  Samuel  Stone,  Phila- 
delphia. 

(?^  If  Mr.  Stone  accepts,  he  indorses  on  the  back  or  across 
the  face  of  the  draft,  these  words,  '■'■  Accepted — May  15,  1844. 
Samuel  Stone."  The  bank  then  collects.  If  negotiated  through 
an  individual,  he  may  deposit  it  in  bank  for  collection. 

Note  to  Bank. 


{S500 

Pittsburgh,  January  10,  1845. 
Ninety  days  after  date,  I  promise  to  pay  to  William  Burns,  or 
order,  at  the  Exchange  Bank,  five  hundred  dollars,  without  defal- 
cation, for  value  received.  .  JOHN  JONES. 

(J^  The  one  to  whom  this  note  is  payable,  viz :  William 
Burns,  if  he  transfers  it,  or  wishes  to  get  it  discounted  at  the  bank, 
becomes  the  first  indorser,  and  if  discounted,  the  last  indorser 
checks  the  money.  To  make  an  indorser  liable  on  his  indorse- 
ment, the  instrument  must  be  commercial  paper,  for  the  indorse- 
ment of  a  bond  or  single  bill  will  not,  by  itself,  create  a  responsi- 
bility. 13  Serg.  &  Rawle,  311. 

Check. 


No.  1. 


Pittsburgh,  January  14,  1844. 
Cashier  of  the  Exchange  Bank,  pay  to  William  Burns,  or 
bearer,  five  hundred  dollars.  DANIEL  WARD. 


^300 


• 


94  BILLS. 

Due  Bill. 

$100  50 

Upon  settlement  this  day,  with  John  Jones,  I  acknowledge  to 
be  due  and  owing  to  him  by  me,  the  sum  of  one  hundred  dollars 
and  fifty  cents.  JAMES  HUNTER. 

Promissory  Note. 


^100 

Lancaster,  May  10,  1844. 

For  value .  received,  I  promise  to  pay  to  William  Burns,  or 
order,  the  sum  of  one  hundred  dollars,  on  the  first  day  of  June 
next,  with  interest.  JOHN  JONES. 


Judgment  Note. 

For  value  received,  I  promise  to  pay  William  Burns,  of  Car- 
lisle, or  order,  one  hundred  dollars,  with  interest,  on  the  tenth  day 
of  January  next.  And  further,  I  do  hereby  empower  .any  attor- 
ney of  the  Court  of  Common  Pleas,  of  Cumberland  Cc^nty,  or 
any  other  Court  of  Record  of  Pennsylvania,  or  elsewhere,  to  ap- 
pear for  me,  and  after,  a  declaration  filed_,. thereupon  to  confess  a 
judgment  against  me,  for  the  above  sum  as  of  last,  next,  or  any 
other  subsequent  term,  with  cost  of  suit,  release  of  errors,  &c., 
with"  stay  of  execution  until  the  said  tenth  day  of  January  next. 

Witness  my  hand  and  seal,  at  Carlisle,  this  tenth  day  of  Janu- 
ary, A.  D.  one  thousand  eight  hundred  and  forty-five. 

Signed,  sealed  and  delivered  > 
in  presence  of  3 

James  Stiles. 


JOHN  JONES. 


^  Note  with  Security,  or  for  two  or  more  Persons. 


We,  or  either  of  us,  [or  jointly  and  severally,]  promise  to  pay 
to  Eliphalet  Belts,  or  order,  on  the  first  day  of  June  next,  one 
thousand  dollars,  with  interest,  for  value  received. 

JOHN  JONES. 

WILLIAM  BURNS. 
Meadville,  Pa.,  January  10th,  1S45. 


BONDS.  95 

%/l  Note  on  Demand.    . 

For  value  received,  I  promise  to  pay  Jared  Tuttle,or  order,  on 
demand,  one  hundred  dollars,  without  defalcation. 

JOHN  JONES.  •*» 
Mercer,  Pa.,  January  10th,  1845.  '* 

(13^  If  a  seal  is  added  to  a  note,  it  is  not  barrejd  by  the  Statute 
of  Limitations,  which  prevents  the  recovery  of  a  simple  contract 
debt,  unless  suit  be  brought,  or  a.  fresh  promise  of  payment  made 
within  six  years. 


BONDS. 

Remarks. 

A  bond  or  obligation,  is  a  deed  whereby  the  obligor  obliges 
himself,  his  heirs,  executors  and  administrators,  to  pay  a  certain 
sum  of  money  to  another  at  a  day  appointed.  If  this  be  all,  the 
bond  is  called  a  single  bond ;  but  there  is  generally  a  condition 
added,  that  if  the  obligor  does  some  particular  act,  the  obligation 
shall  be  void,  or  else  shall  remain  in  full  force  and  virtue.  2  Bl. 
Com.  340.  The  penal  sum  in  a  bond,  is  the  sum  which  is  usu- 
ally double  the  amount  of  the  real  debt,  and  which  is  designed 
,  to  cover  interest,  cost,  and  other  contingencies.  All  that  can  be 
recovered  of  a  penal  sum,  are  interest,  cost,  and  other  contingen- 
cies ;  but  care  should  be  taken  to  distinguish  between  a  penalty 
and  liquidated  damages.  It  is  difficult,  in  some  cases,  to  distin- 
guish between  the  two,  but  our  courts,  in  general,  have  inclined 
to  consider  the  sum  reserved  by  such  agreement  to  be  a  penalty, 
rather  than  as  stipulated  damages,  whenever  it  is  sufficiently  clear 
a  penalty  was  intended. 

A  bond  was  given  in  the  sum  of  ^1000,  with  condition  for  the 
extinguishment,  within  nine  months  from  the  date,  of  incum- 
brances on  certain  property  then  sold  by  the  obligor  to  the  obli- 
gee :  Held,  that  the  sum  mentioned,  was  in  the  nature  of  a  penal- 
ty ;  and  not  to  be  considered  as  stipulated  damages.  Robeson  v. 
Whitesides,  16  S.  &  R.  320. 

If  an  agreement  contain  a  penalty,  the  party  may  bring  debt 
for  the  penalty,  and  can  recover  no  more  ;  or  he  may  bring  cove- 
nant, and  recover  more  or  less  damages  than  the  penalty.  Mar- 
tin V.  Taylor,  1  W.  C.  C.  R.  1. 

If  the  obligation  of  a  bond  be  possible  at  the  time  of  making 
it,  but  afterwards  becomes  impossible  by  the  act  of  God,  then  the 
penalty  is  saved. 

A  bond  in  Pennsylvania,  may  be  transferred  undec  Act  of 
Assembly,  by  indorsement  imder  hand  and  seal,  in  the  presence 


A 


96  BONDS. 

of  two  witnesses ;  and  in  such  case  the  assignee  may  bring  suit 
in  his  own  name. 

The  assignee  of  a  bond  takes  it  at  his  own  peril.  He  stands  in  the 
same  place  as  the  obligee,  so  as  to  let  in  every  defalcation  which  the 
obligor  had  against  the  obligee  at  the  time  of  the  assignment  on 
notice  of  the  assignment.  The  only  intent  of  the  act  being  to  enable 
the  assignee  to  sue  in  his  own  name,  and  prevent  the  obligee  from 
releasing  after  assignment.  5  Binney,  232;  2  Bin.  165;  1  Dal- 
las, 27.  But  see  2  Dal.  398;  4  Dal".  371 ;  17  S.  &  R.  287;  1 
Penna.  R.  26^  ;  1  Rawle,  227.  This  rule,  however,  is  subject  to 
one  qualification.  If  the  assignee,  when  he  is  about  to  take  the 
assignment,  calls  upon  the  obligee  to  know  whether  the  whole 
money  is  due,  and  the  obhgo'r  tells  him  it  is  a  good  bond,  but  is 
entirely  silent  as  to  any  claim  of  his  against  the  bond,  he  can 
never  after  open  his  mouth  against  the  demand  of  the  assignee. 
1  Bin.  433.  See  also  3  Yeates,  350  ;  16  S.  &  R.  18  ;  1  Penn.  R. 
24 ;  Ibid.  476.  Where  there  is  a  penal  bond  with  several  pay- 
ments at  different  times,  and  the  obligor  fails  to  meet  any  one 
payment  as  it  becomes  due,  the  obligee  can  declare  on  the  penalty, 
and  take  a  judgment  on  the  whole  of  the  real  debt  mentioned  in 
the  bond,  with  slay  of  execution  on  the  several  payments,  until 
such  payment  should  become  due,  as  by  the  conditions  of  the 
bond.  An  instrument  under  seal,  is  not  barred  by  the  Statute  of 
Limitations.  As,  for  instance,  at  the  expiration  of  twenty  years, 
without  the  payment  of  interest  on  a  bond  or  other  acknowledg- 
ment of  its  existence,  satisfaction  is  to  be  presumed;  but  if  a, 
single  day  less  than  twenty  years  has  elapsed,  the  presumption 
of  satisfaction  from  mere  lapse  of  time,  does  not  arise.  This  is 
evidently  an  artificial  and  arbitrary  distinction,  but  it  is  sanctioned 
by  immemorial  usage.  The  conditional  part  of  some  bonds  is 
only  inserted,  but  it  is  only  in  those  cases  where  the  first  part  is 
like  any  other  bond,  or  some  particular  one  referred  to. 

Common  forrji  of  Bond. 

Know  all  men  by  these  presents,  that  I,  John  Jones,  of  Erie, 
in  the  county  of  Erie  and  State  of  Pennsylvania,  am  held  and 
firmly  bound  unto  William  Burns,  of  Meadville,  in  the  county  of 
Crawford,  and  state  aforesaid,  in  the  sum  of  one  thousand  dollars, 
[this  amount  is  called  the  penal  sum,  and  is  usually  double  the 
amount  of  the  real  debt,]  lawful  money  of  the  United  States,  to 
be  paid  to  the  said  William  Burns,  or  his  certain  attorney,  execu- 
tors, administrators  or  assigns;  to  which  payment  well  and  truly 
to  be  made  and  done,  I  do  bind  myself,  my  heirs,  executors  and 
administrators,  and  every  of  them,  firmly  by  these  presents :  sealed 
with  my  seal,  and  dated  the  tenth  day  of  May,  Anno  Domini, 
one  thousand  eight  hundred  and  forty-four. 

The  condition  of  this  obligation  is  such,  that  if  the  above 


BONDS.  97 

bounden  John  Jones,  his  heirs,  executors,  administrators,  or  any 
of  them,  shall  and  do  well  and  truly  pay  or  cause  to  be  paid  unto 
the  above-named  William  Burns,  his  executors,  administrators  or 
assigns,  the  just  and  full  sum  of  five  hundred  dollars,  lawful 
money  aforesaid,  with  legal  interest  for  the  same,  on  or  before  the 
twenty-first  day  of  January  next,  without  fraud  or  further  delay, 
then  this  obligation  to  be  void  and  of  none  effect,  or  else  to  be 
and  remain  in  full  force  and  virtue. 

Signed,  sealed  and  delivered^ 
in  presence  of  3 

James  Stiles. 


JOHN  JONES. 


Judgment  Bond, 

Know  all  men  by  these  presents,  that  I,  John  Jones,  of  the  city 
of  Pittsburgh,  am  held  and  firmly  bound  unto  William  Burns,  of 
the  ^^ne  place,  in  the  sum  of  one  thousand  dollars,  lawful  money 
of  the  United  States,  to  be  paid  to  the  said  William  Burns,  or  his 
certain  attorney,  executors,  administrators  or  assigns ;  to  which 
payment  well  and  truly  to  be  made  and  done,  I  do  bind  myself, 
my  heirs,  executors  and  administrators,  and  every  of  them,  firmly 
by  these  presents :  sealed  with  my  seal,  and  dated  the  tenth  day 
of  May,  Anno  Domini,  one  thousand  eight  hundred  and  forty- 
three. 

The  condition  of  this  obligation  is  such,  that  if  the  above  bound 
John  Jones,  his  executors,  administrators,  or  any  of  them,  shall 
and  do  well  and  truly  pay,  or  cause  to  be  paid,  unto  the  above- 
named  William  Burns,  his  executors,  administrators  or  assigns, 
the  just  and  full  sum  of  five  hundred  dollars,  lawful  money  afore- 
said, in  manner  following,  that  is  to  say,  one  hundred  dollars  on 
the  tenth  day  of  May,  one  thousand  eight  hundred  and  forty-five ; 
two  hundred  dollars  on  the  tenth  day  of  May,  one  thousand  eight 
hundred  and  forty-six,  and  the  remaining  two  hundred  dollars  on 
the  tenth  day  of  May,  one  thousand  eight  hundred  and  forty- 
seven,  with  annual  interest  on  the  whole  sum,  without  fraud  or 
further  delay,  then  this  obligation  to  be  void,  or  else  to  be  and 
remain  in  full  force  and  virtue. 

And  further,  I  do  hereby  empower  any  attorney  of  any  of  the 
courts  of  record,  of  this  state  or  elsewhere,  to  appear  for  me,  and 
after  one  or  more  declarations  filed  for  the  above  penalty,  there- 
upon to  confess  judgment  or  judgments  against  me,  as  of  the  last, 
next,  or  any  subsequent  term,  with  stay  of  execution"  on  each 
I 


98  BONDS. 

and  every  payment,  until  such  payment  respectively  falls  due, 
and  with  release  of  errors,  &c. 

Signed,  sealed  and  delivered  > 
in  presence  of  us  5 

James  Stiles. 
Thomas  Brown. 


Bond  from  one  to  two. 

Know  all  men  by  these  presents,  that  I,  John  Jones,  of  Lan- 
caster, in  the  county  of  Lancaster,  and  state  of  Pennsylvania,  am 
held  and  firmly  bound  unto  William  Burns  and  Charles  Dean,  of 
the  same  place,  in  the  sum  of  one  thousand  dollars,  lawful  money 
of  the  United  States,  to  be  paid  to  the  said  William  Burns  and 
Charles  Dean,  or  one  of  them,  or  to  their  certain  attorneys,  exe- 
cutors, administrators  or  assigns,  to  which  payment  well  and  truly 
to  be  made  and  done,  I  do  bind  myself,  my  heirs,  executcuK  and 
administrators,  and  every  of  them,  firmly  by  these  presents;  sealed 
with  my  seal,  and  dated  the  first  day  of  June,  Anno  Domini, 
one  thousand  eight  hundred  and  forty-four. 

The  condition  of  this  obligation  is  such,  that  if  the  above  bound 
John  Jones,  his  executors  or  administrators,  do  and  shall  well  and 
truly  pay  or  cause  to  be  paid,  to  the  above-named  William  Burns 
and  Charles  Dean,  or  either  of  them,  their  or  either  of  their  exe- 
cutors, administrators  or  assigns,  the  just  and  full  sum  of  five 
hundred  dollars,  lawful  money  aforesaid,  the  legal  interest  for  the 
same,  on  or  before  the  first  day  of  June,  Anno  Domini,  one  thou- 
sand eight  hundred  and  forty-five,  without  fraud  or  further  delay, 
then  this  obligation  to  be  void,  or  else  to  be  and  remain  in  full 
force  and  virtue. 

Signed,  sealed  and  delivered,  ^ 
in  presence  of  5 

James  Stiles. 


JOHN  JONES. 


Bond  from  two  to  one. 

Know  all  men  by  these  presents,  that  we,  John  Jones  and 
William  Burns,  of  Reading,  in  the  county  of  Berks,  and  State  of 
Pennsylvania,  are  held  and  firmly  bound  untp  Charles  Dean,  of 


# 


BONDS.  99 

the  same  place,  in  the  sum  of  one  thousand  dollars,  lawful  money 
of  the  United  States,  to  be  paid  to  the  said  Charles  Dean,  or  his 
certain  attorney,  executors,  administrators  or  assigns ;  to  which 
payment  well  and  truly  to  be  made  and  done,  we  do  bind  our- 
selves and  each  of  us  by  himself,  [if  one  of  the  obligors  be  a 
woman,  write  "  by  him  and  herself ^^'\  for  and  in  the  whole,  our 
heirs,  executors,  administrators,  and  each  of  us,  firmly  by  these 
presents ;  sealed  with  our  seals,  and  dated  the  first  day  of  Janu- 
ary, Anno  Domini,  one  thousand  eight  hundred  and  forty-four. 

The  condition  of  this  obligation  is  such,  that  if  the  above  bound 
John  Jones  and  William  Burns,  or  either  of  them,  their  or  either 
of  their  executors  or  administrators,  do  and  shall  well  and  truly 
pay,  or  cause  to  be  paid,  to  the  said  Charles  Dean,  his  executors, 
administrators  or  assigns,  the  just  and  full  sum  of  five  hundred 
dollars,  lawful  money  aforesaid,  with  legal  interest  for  the  same, 
on  or  before  the  first  day  of  January,  Anno  Domini,  one  thousand 
eight  hundred  and  forty-five,  then  this  obligation  to  be  void,  or 
else  to  be  and  remain  in  full  force  and  virtue. 

Signed,  sealed  and  delivered  > 
in  presence  of  5  ' 

James  Stiles. 


JOHN  JONES. 


Bond  of  Indemnity  to  Bail. 

Know  all  men  by  these  presents,  that  I,  John  Jones,  of  Doyles- 
town,  in  the  county  of  Bucks  and  State  of  Pennsylvania,  am  held 
and  firmly  bound  unto  William  Burns,  of  Reading,  in  the  county 
of  Berks,  and  state  aforesaid,  in  the  sum  of  one  thousand  dollars, 
lawful  money  of  the  United  States,  to  be  paid  to  the  said  William 
Burns,  or  his  certain  attorney,  executors,  administrators  or  assigns; 
to  which  payment  well  and  truly  to  be  made  and  done,  I  do  bind 
myself,  my  heirs,  executors,  administrators,  and  every  of  them, 
firmly  by  these  presents :  Sealed  with  my  seal,  and  dated  the  fiist 
day  of  June,  Anno  Domini,  one  thousand  eight  hundred  and 
forty-four. 

Whereas  the  above-named  William  Burns,  at  the  special  in- 
stance and  request  of  the  above-bound  John  Jones,  together  with 
the  said  John  Jones  and  Thomas  Brown,  of  Reading  aforesaid, 
is  bound  to  Charles  Dean,  sheriff  of  the  county  of  Berks,  in  the 


100  BONDS. 

penal  sum  of  five  hundred  dollars,  lawful  money  of  the  United 
States,  conditioned  for  the  appearance  of  the  said  John  Jones  be- 
fore the  judges  of  the  Court  of  Common  Pleas  at  Reading,  in  and 
for  the  county  of  Berks,  on  the  first  Monday  of  August  next,  to 
answer  Richard  Dale,  in  a  plea  of  trespass  on  the  case,  [or  as 
the  plea  is  expressed  in  the  bail  bond,']  as  by  the  said  in  part 
recited  bond  or  obligation  and  condition  thereunder  written,  may 
more  fully  appear :  Noiu  the  condition  of  this  obligation  is  such, 
that  if  the  above-bound  John  Jones  do  and  shall  appear  accord- 
ing to  the  condition  of  the  said  bond,  or  obligation,  and  as  the 
law  in  such  cases  requires,  and  if  the  said  John  Jones,  his  heirs, 
executors  and  administrators,  shall  also  from  time  to  time,  and  at 
all  times  hereafter,  save  harmless  and  indemnify  him,  the  said 
William  Burns,  his  executors  and  administrators,  and  his  and 
their  goods  and  chattels,  lands  and  tenements,  of,  and  from  all 
damages,  sum  and  sums  of  money,  costs  and  charges  whatsoever, 
which  he,  they,  or  any  of  them,  shall,  or  may  at  any  time  or  times 
hereafter  sustain,  or  be  put  unto,  by  reason  or  means  of  the  said 
William  Burns  being  bound  for  the  appearance  of  the  said  John 
Jones,  as  aforesaid,  then  this  obligation  to  be  void,  or  else  to  be 
and  remain  in  full  force  and  virtue. 

Signed,  sealed  and  delivered 
in  presence  of 

James  Stiles. 


JOHN  JONES. 


Refunding  bond  to  executors,  on  payment  of  Legacy. 

Know  all  men  by  these  presents,  that  we,  John  Jones,  of  Erie, 
in  the  county  of  Erie  and  State  of  Pennsylvania,  legatee  under 
the  last  will  and  testament  of  Thomas  Brown,  deceased,  and 
Charles  Dean,  of  Erie  aforesaid,  are  held  and  firmly  bound  unto 
Richard  Dale  and  Abel  Stone,  executors  of  the  last  will  and  tes- 
tament of  the  «aid  Thomas  Brown,  deceased,  in  the  sum  of  five 
hundred  dollars,  lawful  money  of  the  United  States,  to  be  paid  to 
the  said  Richard  Dale  and  Abel  Stone,  or  to  their  certain  attorney, 
executors,  administrators  or  assigns;  to  which  payment  well  and 
truly  to  be  made  and  done,  we  do  bind  ourselves  and  each  of  us 
by  himself,  for  and  in  the  whole,  our  heirs',  executors  and  admi- 
nistrators, and  every  of  them  firmly  by  these  presents :  Sealed 
with  our  seals,  and  dated  the  first  day  of  May,  Anno  Domini, 
one  thousand  eight  hundred  and  forty-four. 

Whereas  the  said  Thomas  Brown,  by  his  said  last  will  and  tes- 
tament, bearing  date  the  tenth  day  of  March,  one  thousand  eight 


BONDS.  101 

hundred  and  forty-three,  did  give  and  bequeath  unto  the  said 
John  Jones,  a  certain  legacy  of  two  hundred  and  fifty  dollars,  [or 
*^^  one  equal  fourth  part  of  his  personal  estate  after  the  pay- 
ment of  debts^  or  as  the  case  may  be,']  as  by  the  said  in  part 
recited  will,  duly  proved  and  remaining  on  record  in  the  register's 
office,  at  Erie,  appears.  Now  the  condition  of  this  obligation  is 
such,  that  if  any  part,  or  the  whole  of  the  said  legacy,  shall  at  any 
time  after  payment  thereof  to  the  said  John  Jones,  appear  to  be 
wanting  to  discharge  any  debt  or  debts,  legacy  or  legacies,  which 
the  said  executors  shall  not  have  other  assets  to  pay;  then  and  in 
such  case,  if  the  said  John  Jones,  his  heirs,  executors  or  adminis- 
trators, shall  and  do  return  the  said  legacy,  or  such  part  thereof 
as  shall  be  necessary  for  the  payment  of  the  said  debts,  or  the 
payment  of  a  proportional  part  of  the  said  legacies,  then  this 
obligation  shall  be  void  and  of  none  effect,  or  else  shall  be  and 
remain  in  full  force  and  virtue. 

Signed,  sealed  and  delivered  ) 
in  presence  of  3 

James  Stiles. 


JOHN  JONES. 


WILLIAM  BURNS. 


Refunding  bond,  given  by  distributee  under  approval  of  court, 
{Sec.  41  and  51  of  Act  of  2Ath  of  Feb.,  1834,  "  relating  to 
executors  and  administrators.'^) 

Know  all  men  by  these  presents,  that  we,  John  Jones  and  Wil- 
liam Burns,  are  held  and  firmly  bound  unto  the  Commonwealth 
of  Pennsylvania,  in  the  sum  of  five  hundred  dollars,  lawful 
money,  to  be  paid  unto  the  said  commonwealth,  her  certain  attor- 
ney or  assigns,  to  which  payment  well  and  truly  to  be  made,  we 
bind  ourselves,  and  each  of  us,  our  heirs,  executors,  and  adminis- 
trators, jointly  and  severally,  firmly  by  these  presents:  Sealed 
with  our  seals,  dated  the  tenth  day  of  May,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  forty-four.  Whereas,  Abel 
Brown,  administrator  of  the  estate  of  Charles  Dean,  deceased,  has 
presented  to  the  Orphans'  Court  of  Allegheny  county,  a  state- 
ment of  all  demands  against  said  estate,  which  have  been  made 
known  to  him,  and  after  deducting  the  amount  thereof  from  the 
assets  in  his  hands,  together  with  such  further  sum  as  may  be 
necessary  to  pay  the  interest  and  costs  of  suit  of  such  as  may  be 
in  dispute,  and  such  as  he  may  deem  it  his  duty  to  dispute,  he  is 


102  BONDS. 

desirous  of  making  distribution  of  the  residue  under  the  direction 
of  the  said  Orphans'  Court,  and  whereas  the  said  John  Jones  is 
entitled  to  two  hundred  and  fifty  dollars,  and  the  said  William 
Burns  has  been  approved  of  by  the  said  court,  as  security  for  the 
said  John  Jones. 

Now  the  condition  of  this  obligation  is  such,  that  if  any  debt 
or  demand,  other  than  as  hereinbefore  alluded  to  be  recovered 
against  the  estate  of  the  said  Charles  Dean,  or  otherwise  be  duly 
made  to  appear,  which  the  said  Abel  Brown  shall  not  have  other 
assets  to  pay,  then  and  in  such  case,  if  the  said  John  Jones  shall 
and  do  return  and  refund  the  said  sum  of  two  hundred  and  fifty 
dollars,  or  such  rateable  part  thereof  as  may  be  necessary  for  the 
payment  of  such  debt  or  demand,  then  this  obligation  shall  be 
void  and  of  none  effect,  or  else  shall  be  and  remain  in  full  force 
and  virtue. 
Signed,  sealed  and  delivered 

in  presence  of 

James  Stiles. 


JOHN  JONES. 


WILLIAM  BURNS. 


Bond  of  Guardian  at  his  appointment. 

Know  all  men  by  these  presents,  that  we,  John  Jones,  and 
William  Burns,  both  of  Erie,  in  the  county  of  Erie,  and  State  of 
Pennsylvania,  are  held  and  firmly  bound  to  the  Commonwealth 

of  Pennsylvania,  in  the  sum  of dollars,  lawful  money,  to  be 

paid  to  the  said  commonwealth,  her  certain  attorney  or  assigns ; 
to  which  payment  well  and  truly  to  be  made  and  done,  we  do 
bind  ourselves,  our  heirs,  executors  and  administrators,  and  each 
of  us,  firmly  by  these  presents:  Sealed  with  our  seals,  and 
dated  the day  of one  thousand  eight  hundred  and . 

The  condition  of  this  obligation  is  such,  that  if  the  above 
bounden  John  Jones,  guardian  of  Thomas  Brown,  a  minor  child 
of  Cliarles  Brown,  late  of  Erie,  deceased,  shall  at  least  once  in 
every  three  years,  and  at  any  other  time  when  required  by  the 
Orphans'  Court  for  the  county  of  Erie,  render  a  just  and  true 
account  of  the  management  of  the  property  and  estate  of  the 
said  minor,  under  his  care,  and  shall  also  deliver  up  the  said  pro- 
perty, agreeably  to  the  order  and  decree  of  the  said  court,  or  the 
directions  of  law,  and  shall  in  all  respects  faithfully  perform  the 
duties  of  guardian  of  the  said  Thomas  Brown,  then  the  above 


BONDS. 


103 


obligation  shall  be  void;  otherwise  it  shall  be  and  remain  in  full 
force  and  virtue. 

Signed,  sealed  and  delivered  > 
in  presence  of  3 

James  Stiles. 


JOHN  JONES. 


WILLIAM  BURNS. 


Bond  by  Execxttor,  on  application  to  Orphans^  Court  for  an 
order  to  sell  or  mortgage  Real  Estate. 

Know  all  men  by  these  presents,  that  we,  John  Jones  and  Wil- 
liam Burns,  of  the  township  of  Wayne,  and  county  of  Erie,  are 
held  and  firmly  bdund  to  the  Commonwealth  of  Pennsylvania,  in 
the  sum  of  one  thousand  dollars,  lawful  money,  to  be  paid  to  the 
said  commonwealth :  to  which  payment  well  and  truly  to  be 
made,  we  do  bind  ourselves,  our  heirs,  executors  and  adminis- 
trators, and  each  of  us,  firmly  by  these  presents.     Sealed  with 

our  seals,  and  dated  the  day  of one  thousand  eight 

hundred  and . 

The  condition  of  this  obligation  is  such,  that  if  the  above 
bounden  John  Jones,  executor  of  the  last  will  and  testament  of 
Thomas  Brown,  late  of  Concord,  deceased,  shall  and  do  faithfully 
execute  the  powers  committed  to  him  by  the  Orphans'  Court  of 
the  county  of  Erie,  for  selling  [or  mortgaging]  the  real  estate  of 
the  said  decedent,  and  shall  make  a  faithful  appropriation  of  the 
proceeds  of  such  sale  [or  mortgage]  according  to  his  duty,  and 
in  such  manner  as  the  said  court  shall  legally  decree,  then  the 
above  obligation  to  be  void,  or  else  to  be  and  remain  m  full  force 
and  virtue. 

Signed,  sealed  and  delivered  > 
in  presence  of  3 

James  Stiles. 


JOHN  JONES. 


WILLIAM  BURNS. 


104  BONDS. 

Bond  by  Jidminialraior^on  application  to  Orphans^  Court  for 
un  order  to  sell  or  mortgage  Real  Estate. 

Know  all  men  by  these  presents,  &c.,  [as  in  the  last  preceding 
bond]  The  condition  of  this  obligation  is  such,  that  if  the  above- 
bounden  John  Jones,  administrator  of  -all  and  singular,  the  goods 
and  chattels,  lands  and  tenements,  which  were  of  Thomas  Brown, 
late  of  Erie,  deceased,  shall  and  do  faithfully,  &c.,  [as  in  the  last 
preceding  condition.] 

Bond  by  Guardian,  on  application  to  Orphans^  Court  for  an 
order  to  sell  or  mortgage  Real  Estate. 

Know  all  men  by  these  presents,  &c.,  [as  in  the  bond  next  pre- 
ceding the  last.] 

The  condition  of  this  obligation  is  such,  that  if  the  above- 
bounden  John  Jones,  guardian  of  Charles  Brown,  a  minor  child 
of  Thomas  Brown,  late  of  Erie,  deceased,  shall  and  do  faithfully, 
&c.,  [as  in  the  condition  next  preceding  the  last.] 

• 
Conditional  part  of  a  Bond  for  the  performance  of  Covenants. 

The  condition  of  this  obligation  is  such,  that  if  the  above-bound 
John  Jones,  his  heirs,  executors  or  administrators,  shall  and  do  in 
all  things,  well  and  truly  observe,  perform,  fulfil  and  keep  all  and 
shigular,  the  covenants,  grants,  articles,  clauses,  provisoes,  condi- 
tions and  agreements  whatsoever,  which  on  the  part  of  the  said  John 
Jones,  are,  or  ought  to  be  observed,  performed,  fulfilled  and  kept, 
comprised  and  mentioned  in  certain  Indentures  of  Lease,  bearing 
even  date  herewith,  and  made,  or  mentioned  to  be  made,  between 
the  said  John  Jones,  of  the  one  part,  and  the  above-named  Wil- 
liam Burns,  of  the  other  part,  according  to  the  purport,  true  intent 
and  meaning  of  the  same,  then  this  obligation  to  be  void,  or  else 
to  be  and  remain  in  full  force  and  virtue. 


Conditional  part  of  a  Bond  to  execute  a  Conveyance. 

The  condition  of  this  obligation  is  such,  that  if  the  above-bound 
John  Jones,  shall  and  do,  on  or  before  the  first  day  of  May  next 
ensuing  the  date  hereof,  or  in  case  of  his  death  before  that  time, 
if  the  heir  or  heirs  of  the  said  John  Jones,  within  six  months  next 
after  his  decease,  (if  such  heir  or  heirs  sh"all  be  then  of  full  age, 
or  if  within  age,  then  within  six  months  after  such  heir  or  heirs 
shall  be  of  full  age,)  shall  and  do,  upon  the  reasonable  request,  and 
at  the  proper  cost  and  charges  in  the  law,  of  the  said  William 
Burns,  his  heirs  or  assigns,  make,  execute  and  acknowledge,  or 
cause  to  be  made,  executed  and  acknowledged,  all  and  every  such 


^^' 


BONDS.  105 

act  or  acts,  deed  or  deeds,  conveyancie  or  conveyances  whatsoever, 
which  shall  be  needful  or  necessary,  for  conveying,  assuring,  esta- 
blishing and  confirming  unto  the  said  William  Burns,  his  heirs  and 
assigns,  a  good,  pure,  absolute,  and  indefeasible  estate  of  inherit- 
ance, in  fee  simple,  clear  of  all  incumbrances,  of,  and  in  a  certain 
messuage,  situated  in  the  town  of  Beaver,  Beaver  county,  Pennsyl- 
vania, and  bounded  and  described  as  follows, to  wit:  [here  describe 
the  premises  by  its  boundaries']  with  the  appurtenances ;  and  if 
in  the  mean  time,  and  while  and  until  the  same  deed  or  deeds  shall 
be  executed,  the  said  John  Jones,  his  heirs  and  assigns,  shall  and 
do  permit  and  suffer  the  said  William  Burns,  his  heirs  and  assigns, 
peaceably  and  quietly  to  have,  hold  and  enjoy  the  same  mes- 
suage, piece  or  parcel  of  land,  then  this  obligation  to  be  void,  or 
else  to  be  and  remain  in  full  force  and  virtue. 

Conditional  part  of  a  Bond  to  leave  money  to  a  Wife. 

Whereas,  a  marriage  is  intended  to  be  shortly  had  and  solem- 
nized between  the  above-bound  John  Jones  and  Anne  Brown, 
(daughter  of  the  above-named  Thomas  Brown :)  Now  the  condi- 
tion of  this  obligation  is  such,  that  if  (after  the  said  intended  mar- 
riage) the  said  Anne  Brown,  shall  happen  to  survive  the  said 
John  Jones  (her  intended  husband),  then  and  in  such  case,  if  the 
heirs,  executors  or  administrators  of  him,  the  said  John  Jones, 
shall  and  do,  within  the  space  of  six  months  next  after  his  de- 
cease, well  and  truly  pay,  or  cause  to  be  paid,  unto  her,  the  said 
Anne,  or  her  assigns,  the  sum  of  two  thousand  dollars,  to  and  for 
her  own  proper  use  and  benefit,  and  to  be  at  her  own  free  and 
absolute  disposal,  without  any  manner  of  account  to  be  given  by 
her,  for  or  concerning  the  same,  then  this  obligation  to  be  void,  or 
else  to  be  and  remain  in  full  force  and  virtue. 

Conditional  part  of  a  Bond  to  permit  a  Wife  to  make  a  Will. 

Whereas,  a  marriage  is  intended  to  be  shortly  had  and  solem- 
nized between  the  above-bound  John  Jones  and  the  said  Anne 
Brown  :  Now  the  condition  of  this  obligation  is  such,  that  if,  after 
the  said  intended  marriage,  the  said  John  Jones  shall  and  do  per- 
mit and  suffer  the  said  Anne  Brown  to  make  her  last  will  and  tes- 
tament in  writing,  and  in  and  by  the  same,  at  her  will  and  plea- 
sure, to  bequeath,  or  otherwise  dispose  of  all  such  household 
furniture,  wearing  apparel,  or  other  goods  or  chattels  whatsoever, 
whereof  she  is  now  possessed;  and  if  the  said  John  Jones,  his 
executors  or  administrators,  shall  and  do  on  request  to  him  or 
them  made,  well  and  truly  deliver,  or  cause  to  be  delivered  unto 
the  legatee  or  legatees  named  in  the  said  will,  their  legal  repre- 
sentatives or  assigns,  all  such  goods  and  chattels,  as  shall  be  to 
them  respectively  bequeathed,  by  the  said  will,  according  to  the 


106  BONDS. 

directions  thereof,  then  this  obligation  to  be  void,  or  else  to  be  and 
remain  in  full  force  and  virtue. 


Conditional  part  of  a  Bond  to  maintain  Parents. 

Whereas,  the  said  John  Jones,  and  Mary  his  wife,  by  Inden- 
ture bearing  even  date  herewith,  have  granted  and  confirmed  unto 
the  said  William  Jfones,  in  fee,  a  certain  messuage  situated,  &c., 
[here  describe  the  premises  as  in  the  deed,]  with  the  appurte- 
nances, the  said  William  Jones  having  agreed  to  maintain  them, 
the  said  John  Jones  and  Mary  his  wife  (his  father  and  mother) 
during  their  natural  lives,  or  the  life  of  the  survivor  of  them : 
Now  the  condition  of  this  obligation  is  such,  that  if  the  above- 
bound  William  Jones,  his  heirs,  executors,  administrators  or 
assigns,  shall  and  do  well  and  sufficiently  maintain,  support  and 
keep  the  said  John  Jones  and  Mary  his  wife,  during  their  natural 
lives,  and  the  life  of  the  survivor  of  them,  with  good  and  suffi- 
cient meat,  drink,  apparel,  washing,  lodging,  and  attendance  in 
sickness  and  in  health ;  -and  also  pay  unto  them,  him  or  her,  the 
sum  of  forty  dollars  yearly,  during  the  term  aforesaid,  then  this 
obligation  to  be  void,  or  else  to  be  and  remain  in  full  force  and 
virtue. 


*3.nother  to  maintain  Parents. 

Whereas,  the  said  John  Jones  and  Mary  his  wife,  by  Indenture 
bearing  even  date  herewith,  have  granted  and  confirmed  unto  the 
said  William  Jones,  in  fee,  a  certain  messuage  situated,  &c.,  [Acre 
describe  the  premises  as  in  the  deed,]  with  the  appurtenances, 
the  said  William  Jones  having  agreed  to  maintain  them,  the  said 
John  Jones  and  Mary  his  wife  (his  father  and  mother),  during 
their  natural  lives,  and  the  life  of  the  survivor  of  them  :  Now  the 
condition  of  this  obligation  is  such,  that  if  the  said  William  Burns, 
his  heirs,  executors,  administrators  or  assigns,  shall  and  do  allow 
the  said  John  Jones  and  Mary  his  wife,  and  the  survivor  of  them, 
the  sole  use  of  the  house  [or  room]  which  they  now  occupy,  on 
the  premises,  with  the  necessary  privileges  in  the  kitchen  and  cel- 
lar, and  shall  and  do  deliver  or  cause  to  be  delivered  unto  the 
said  John  Jones  yearly,  and  every  year,  during  the  joint  lives  of 
the  said  John  Jones  and  Mary  his  wife,  the  following  articles  in 
good  order,  and  at  proper  seasons  to  wit :  [here  mention  the  arti- 
cles,] and  in  case  of  the  death  of  either  of  them,  shall  and  do  deliver 
unto  the  survivor  of  them,  the  articles  aforesaid,  and  shall  and 
do  provide  and  keep  for  them,  and  the  survivor  of  them,  a  good 
,  riding  horse  and  milk  cow,  to  be  changed  as  often  as  need  be,  and 
feed  and  pasture  the  same,  in  like  manner  with  his  or  their  own, 
then  this  obligation  to  be  void ;  but  if  default  shall  be  made  in  any 


# 


BONDS.  107 

of  the  articles  aforesaid,  then  to  be  and  remain  in  full  force  and 
virtue, 

A  conditional  part  of  a  Band  to  keep  a  person  during  life. 

The  condition  of  this  obligation  is  such,  that  whereas,  the  above- 
bound  John  Jones,  for  and  in  consideration  of  a  competent  sum 
of  money,  as  well  as  the  sum  of  one  dollar  to  him  in  hand  paid, 
by  the  above-named  William  Burns,  has  agreed  and  undertaken 
to  keep  the  said  William  Burns,  during  his  natural  life ;  if,  there- 
fore, the  said  John  Jones,  his  executors,  administrators  or  assigns, 
do  and  sha^Jfrom  time  to  time,  and  at  all  times  hereafter,  during 
the  life  of  the  said  William  Burns,  well  and  sufficiently  maintain 
and  keep,  or  cause  to  be  well  and  sufficiently  maintained  and 
kept,  the  said  William  Burns,  in  the  house  of  him  the  said  John 
Jones,  with  meat,  drink,  clothes,  and  all  other  things  necessary 
and  convenient,  then  this  obligation  to  be  void,  or  else  to  be  and 
remain  in  full  force  and  virtue. 

%/l  conditional  part  of  a  Bond  to  execute  a  Conveyance  at  a 
time  to  come,  and  that  the  obligee  receive  the  profits. 

The  condition  of  this  obligation  is  such,  that  if  the  above-bound 
John  Jones,  his  heirs,  executors  or  administrators,  do  and  shall, 
upon  and  at  the  request,  of  the  said  William  Burns,  his  heirs  or 
assigns,  on  or  before  the  first  day  of  May,  next  ensuing  the  date 
hereof,  convey  and  assure,  or  cause  to  be  conveyed  and  assured 
unto  the  said  William  Burns,  his  heirs  and  assigns,  or  to  such 
other  person  and  persons,  and  to  his  and  their  heirs,  as  the  said 
William  Burns  shall  nominate  and  appoint,  and  to  such  uses  as 
he  shall  direct,  a  messuage  or  tenement,  situated  &c.,  [Aere  de- 
scribe the  premises  by  boundaries,^  now  in  the  possession  of 
Charles  Dean,  by  such  conveyances  and  assurances  in  the  law, 
as  by  the  said  William  Burns  or  his  heirs,  or  by  his  or  their  coun- 
sel learned  in  the  law,  shall  be  reasonably  devised  or  advised,  and 
required,*freed  and  discharged  of  and  from  all  incumbrances  what- 
soever, except,  &c.  And  also,  if  the  said  John  Jones,  his  heirs, 
and  assigns,  or  either  of  them  do  and  shall,  until  such  a  convey- 
ance and  assurance  be  made  and  executed  as  aforesaid,  permit 
and  suffer  the  said  William  Burns,  his  heirs  and  assigns,  peace- 
ably and  quietly  to  have,  receive  and  take  to  his  and  their  own 
proper  use  and  uses,  the  rents,  issues  and  profits  of  all  and  sin- 
gular the  premises,  and  every  part  and  parcel  thereof,  without 
any  manner  of  let,  suit,  trouble,  disturbance,  hindrance  or  denial 
of  the  said  John  Jones,  his  heirs  and  assigns,  or  any  of  them,  or 
of  any  other  person  or  persons  whatsoever,  by  his  or  their,  or  any 
of  their  means,  right,  title  or  procurement,  then  this  obligation  to 
be  void,  or  else  to  be  and  remain  in  full  force  and  virtue. 


4 

108  BONDS. 

%^  conditional  part  of  a  Bond  for  service  of  an  ^Spprentice. 

Whereas,  Thomas  Jones,  son  of  the  above-bound  John  Jones, 
by  Indenture  of  Apprenticeship  bearing  even  date  with  the  above- 
written  obligation,  hath  bound  and  put  himself  apprentice  to  the 
above-named  William  Burns,  with  him  to  dwell  and  abide,  from 
the  day  of  the  date  hereof,  unto  the  full  end  and  term  of  five 
years,  thence  next  ensuing,  and  fully  to  be  completed  and  ended, 
as  by  the  said  Indenture  may  more  fully  appear. 

Now  the  condition  of  this  obligation  is  such,  that  if  the  said 
Thomas  Jones  shall  well  and  truly  serve  and  dwel^ith  the  said 
William  Burns,  after  the  manner  of  an  apprentice,fRri ng  all  the 
said  term  of  five  years,  according  to  the  true  intent  and  meaning 
of  the  said  Indenture,  and  shall  behave  himself  honestly  and  obe- 
diently towards  the  said  William  Burns,  [A/.s  executors,  adminis- 
trators, or  assigns,']  as  a  good  and  dutiful  apprentice  ought  to 
do,  during  the  said  term,  then  this  obligation  to  be  void,  or  else 
to  be  and  remain  in  full  force  and  virtue. 


A  conditional  part  of  a  Bond  of  an  attorney  to  account  to  his 

Constituent. 

Whereas,  by  letter  of  Attorney  bearing  date  the  tenth  day  of 
June,  Anno  Domini  one  thousand  eight  hundred  and  forty  four, 
the  said  William  Burns  hath  duly  authorized  and  empowered  the 
above-bound  John  Jones  to  recover  and  receive  divers  debts  and 
sums  of  money  to  the  use  of  the  said  William  Burns,  as  by  the 
said  Letter  of  Attorney  more  fully  and  at  large  appears.  Now 
the  condition  of  this  obligation  is  such,  that  if  the  above-bound 
John  Jones  shall  and  do  account  for  and  pay  unto  the  said  Wil- 
liam Burns,  his  executors,  administrators,  or  assigns,  all  such  sum 
or  sums  of  money  as  he  shall  from  time  to  time  receive,  by  virtue 
of  the  said  Letter  of  Attorney,  (the  reasonable  commissions  and 
expenses  of  the  said  John  Jones  for  recovering  and  receiving  the 
same,  being  first  deducted  therefrom,)  then  the  above  ©bligation 
to  be  void,  or  else  to  be  and  remain  in  full  force  and  virtue. 


Conditional  part  of  a  Bond  of  a  Treasurer  of  a  Company. 

Whereas,  the  above-bounden  John  Jones  has  been  chosen  trea- 
surer of  the  Erie  and  Waterford  Turnpike  Road  Company,  and 
by  reason  whereof,  he  will  receive  into  his  hands  divers  sums  of 
money,  goods  and  chattels,  and  other  things,  the  property  of  the 
said  Company :  Now  the  condition  of  this  obligation  is  such,  that 
if  the  said  John  Jones,  his  executors  or  administrators,  at  the  ex- 
piration of  his  said  office,  upon  request  to  him  or  them  made, 
shall  make  and  give  unto  such  auditor  or  auditors,  as  shall  be 


BONDS.  109 

appointed  by  the  said  Company,  a  just  and  true  account  of  all 
such  sum  or  sums  of  money,  goods  and  chattels,  and  other 
things,  as  have  come  into  his  hands,  charge  or  possession,  as  trea- 
surer aforesaid,  and  shall  and  do  pay  and  deliver  over,  to  his  suc- 
cessor in  office,  or  any  other  person  duly  authorized  to  receive  the 
%ame,  all  such  balances  or  sums  of  money,  goods  and  chattels, 
and  other  things,  which  shall  appear  to  be  in  his  hands,  and  due 
from  him  to  the  said  Company,  then  this  obligation  to  be  void,  or 
else  to  be  and  remain  in  full  force  and  virtue. 


Conditional  part  of  a  Bond  to  a  Mother  of  a  Bastard  Child. 

The  condition  of  this  obligation  is  such,  that  if  the  above-bound 
John  Jones,  his  heirs,  executors,  administrators,  or  any  of  them, 
shall  and  do  well  and  truly  pay,  or  cause  to  be  paid,  unto  the 
above-named  Mary  Burns,  or  to  her  certain  attorney,  executors, 
administrators  or  assigns,  the  just  and  full  sum  of  one  dollar  law- 
ful money  as  aforesaid,  weekly,  and  every  week  until  a  certain 
male  bastard  child,  born  of  the  body  of  her  the  said  Mary  Burns, 
begotten  by  him  the  said  ^^n  Jones,  arrives  at  the  age  of  seven 
years,  if  the  said  child  should  so  long  live,  the  first  payment  to  be 
made  on  the  eighth  day  of  May,  instant,  [if  given  pursuant  to 
the  judgment  of  the  Court  of  General  Quarter  Sessions  of  the 
Peace,  add  the  following  words  :  "  ^Recording  to  the  sentence 
of  the  Court  of  General  Quarter  Sessions  of  the  Peace,  of 
Berks  County,  held  August  Sessions,  1844,"]  then  this  obliga- 
tion to  be  void,  or  else  to  be  and  remain  in  full  force  and  virtue. 


Co7iditional  part  of  a  Bond  of  Indemnity  to  Surety  in 

a  Bond. 

The  condition  of  this  obligation  is  such,  that  whereas  the  above- 
named  William  Burns,  at  the  special  instance  and  request  of  the 
above-bounden  John  Jones,  and  for  his  only  debt,  duty,  matter 
and  cause,  together  with  him,  the  said  John  Jones,  are  held  and 
firmly  bound  unto  a  certain  Thomas  Dale,  of  Harrisburg,  in  and 
by  one  obligation,  bearing  even  date  herewith,  in  the  penal  sum 
of  one  thousand  dollars,  lawful  money  as  aforesaid,  conditioned 
for  the  true  payment  of  five  hundred  dollars,  like  money,  on  or 
before  the  tenth  day  of  October,  next  ensuing  the  date  of  the  said 
obligation  and  condition  thereof,  relation  being  thereunto  had  ap- 
pears. If,  therefore,  the  said  John  Jones,  his  heirs,  executors  or 
administrators,  shall  and  do  on  or  before  the  said  tenth  day  of 
October,  well  and  truly  pay,  or  cause  to  be  paid,  unto  the  above- 
named  Thomas  Dale,  or  his  certain  attorney,  executors,  adminis- 
trators or  assigns,  the  aforesaid  debt  or  sum  of  five  hundred  dol- 
lars, with  interest,  in  discharge  of  the  said  recited  obligation,  and 

K 


110  BONDS. 

also,  shall  and  do  from  time  to  time,  and  at  all  times  hereafter, 
well  and  sufficiently  save,  defend,  keep  harmless  and  indemnify 
the  said  William  Burns,  his  heirs,  executors  and  administrators, 
and  his  and  their  goods  and  chattels,  lands. and  tenements,  of  and 
from  the  said  obligation,  and  of  and  from  all  actions,  suits,  pay- 
ments, costs,  charges  and  damages,  for  or  by^easou  thereof,  thenP 
this  obligation  to  be  void,  or  else  to  be  and  remain  in  full  force 
and  virtue. 

• 
Conditional  part  of  Bond  of  Indemnity  to  Bail  in  Bail  Bond. 

The  condition  of  this  obligation  is  such,  that  whereas  the  above- 
named  William  Burns,  at  the  special  instance  and  request  of  the 
above-bound  John  Jones,  in  and  by  one  obligation,  bearing  date 
the  tenth  day  of  June,  Anno  Domini  one  thousand  eight  hundred 
and  forty-four,  became  bound  unto  Thomas  Dale,  Esq.,  fligh  She- 
riff of  the  county  of  Berks,  in  the  sum  of  four  hundred  dollars, 
conditioned  for  the  appearance  of  the  said  John  Jones  before  the 
Court  of  Common  Pleas,  to  be  held  at  Reading,  the  fourth  day  of 
August  next,  as  by  the  said  recited  obj^tion  and  condition  thereof, 
relation  being  thereunto  had,  appears. 

If,  therefore,  the  said  John  Jones  shall  appear  according  to  the 
said  obligation,  and  as  the  law  requires ;  and  also  shall  and  do 
from  time  to  time,  and  at  all  times  hereafter,  well  and  sufficiently 
save,  defend,  keep  harmless,  and  indemnify  the  said  William 
Burns,  his  heirs,  executors  and  administrators,  and  his  and  their 
goods  and  chattels,  lands  and  tenements,  of  and  from  the  said 
obligation,  and  of  and  from  all  actions,  siAs,  payments,  costs, 
charges  and  damages,  for  or  by  reason  thereof,  then  this  obliga- 
tion to  be  void,  or  else  to  be  and  remain  in  full  force  and  virtue. 


Conditional  part  of  a  Bond  of  Indemnity  to  Special  Bail. 

The  condition  of  this  obligation  is  such,  that  whereas  the  above- 
named  William  Burns,  at  the  special  instance  and  request  of  the 
above-bound  John  Jones,  becj^me  special  bail  for  the  said  John 
Jones,  in  a  certain  action  of  trespass  [debt,  or  as  the  case  may 
he']  at  the  suit  of  Daniel  Stone,  in  the  Court  of  Common  Pleas,  of 
the  county  of  Erie,  as  by  the  recognisance  of  bail,  on  record  in 
the  said  court,  relation  being  thereunto  had,  appears.  If,  there- 
fore, the  said  John  Jones  shall  appear  according  to  the  condition 
of  the  said  obligation,  and  as  the  law  requires ;  and  also,  shall 
and  do  from  time  to  time,  and  at  all  times  hereafter,  well  and 
sufficiently  save,  defend,  keep  harmless,  and  indemnify  the  said 
William  Burns,  his  heirs,  executors  and  administrators,  and  his 
and  their  goods  and  chattels,  lands  and  tenements,  of  apd  from 
the  said  obligation,  and  of  and  from  all  actions,  suits,  payments. 


BONDS. 


Ill 


costs,  charges  and  damages,  for  or  by  reason  thereof,  then  this 
obligation  to  be  void,  or  else  to  be  and  remain  in  full  force  and 
virtue. 


Conditional  purt  of  Bond  of  Indemnity  to  Bail  in  Recogni- 
zance. 

The  condition  of  this  obligation  is  such,  that  whereas  the  above- 
named  William  Burns,  at  the  special  instance  and  request  of  the 
above-bound  John  Jones,  standeth  bound  for  the  said  John  Jones, 
to  the  commonwealth  of  Pennsylvania,  in  the  sum  of  five  hun- 
dred dollars  conditioned  for  the  appearance  of  the  said  John  Jones, 
at  the  next  Court  of  General  Quarter  Sessions  of  the  Peace,  to  be 
held  at  Mercer,  in  and  for  the  county  of  Mercer,  aforesaid,  to 
answer  to  such  matters  and  things  as  shall  then  and  there  be  ob- 
jected against  him  on  the  Commonwealth's  behalf,  [or  to  answer 
a  certain  indictment  preferred  against  him,  for  |'C.,]  and  also 
that  the  said  John  Jones  shall  in  the  mean  time  keep  the  peace 
and  be  of  good  behaviour  towards  all  the  citizens  of  the  Common- 
wealth, and  especially  towards  James  Stiles,  as  by  the  said  recog- 
nizance, relation  being  thereunto  had,  appears.  If,  therefore,  the 
said  John  Jones  shall  appear,  according  to  the  condition  of  the 
said  obligation,  and  as  the  law  requires  ;  and  also,  shall  and  do 
from  time  to  time,  and  at  all  times  hereafter,  well  and  sufficiently 
save,  defend,  keep  harmless  and  indemnify  the  said  William 
Burns,  his  heirs,  executors  and  administrators,  and  his  and  their 
goods  and  chattels,  lands  and  tenements,  of  and  from  the  said 
obligation,  and  of  and  from  all  actions,  suits,  payments,  costs, 
charges  and  damages,  for  or  by  reason  thereof,  then  this  obliga- 
tion to  be  void,  or  else  to  remain  in  full  force  and  virtue. 


%i 


Conditional  part  of  a  Bond  of  Indemnity  to  surety  in  aii 
Administration  Bond. 

The  condition  of  this  obligation  is  such,  that  whereas  the  above- 
named  William  Burns,  at  the  special  instance  and  request  of  the 
above-bound  John  Jones,  in  and  by  a  certain  obligation,  bearing 
date  the  tenth  day  of  May,  one  thousand  eight  hundred  and  forty- 
four,  hath  become  bound  together  with  the  said  John  Jones, 
unto  Thomas  Brown,  Esq.,  register  for  the  probate  of  wills  and 
granting  letters  of  administration  in  and  for  the  county  of  Ly- 
coming aforesaid,  in  the  sum  of  one  thousand  dollars,  for  the 
due  administration  of  all  and  singular  the  goods  and  chattels, 

rights  and  credits,  which  were  of  James  Stiles,  late  of ,  who 

died  intestate,  &c.,  as  by  the  said  recited  obltgation  and  condition 
thereof,  remaining  in  the  Register's  office  at  Williamsport,  rela- 
tion being  thereunto  had,  appears.     If,  therefore,  the  said  John 


112  ,1^'  BONDS. 


Jones,  administrator  as  aforesaid,  shall  and  do  •well  and  truly 
administer  all  and  singular,  the  goods  and  chattels,  rights  and 
credits  which  were  of  the  aforesaid  James  Stiles,  according  to 
law,  and  do  and  perform  every  other  act  and  acts,  matters  and 
things,  on  the  part  and  in  behalf  of  the  said  John  Jones,  to  be 
done  and  performed,  according  to  the  true  intent  and  meaning  of 
the  condition  of  the  said  recited  obligation ;  and  also  shall  and  do 
from  time  to  time,  and  at  all  times  hereafter,  well  and  sufficiently 
save,  defend,  keep  harmless  and  indemnify  the  said  William 
Burns,  his  heirs,  executors  and  administrators,  and  his  and  their 
goods  and  chattels,  lands  and  tenements,  of  and  from  all  actions, 
suits,  payments,  costs,  charges  and  damages,  for  or  by  reason 
thereof,  then  this  obligation  to  be  void,  or  else  to  remain  in  full 
force  and  vutue. 


Conditional  part  of  a  Bond  of  Indemnity  to  Executor  on 
payment  of  a  Legacy. 

The  condition  of  this  obligation  is  such,  that  whereas  William 
Burns,  by  his  last  will  and  testament,  bearing  date  the  tenth  day 
of  May,  one  thousand  eight  hundred  and  forty,  did  bequeath  unto 
James  Jones,  the  son  of  the  above-boimd  John  Jones,  a  certain 
legacy  of  two  hundred  dollars,  &c.  And  whereas,  the  said  Tho- 
mas Brown,  at  the  request  of  the  said  John  Jones,  hath  paid  the 
said  legacy  unto  him  for  the  use  and  benefit  of  his  said  son,  who 
is  a  minor,  under  the  age  of  twenty-one  years.  If,  therefore,  the 
said  John  Jones,  his  heirs,  executors  or  administrators,  shall  cause 
and  procure  the  said  James  Jones,  the  son,  on  his  arrival  at  the 
age  of  twenty-one  years,  to  release  the  legacy  aforesaid,  unto  the 
said  Thomas  Brown ;  and  also,  shall  and  do  from  time  to  time, 
and  at  all  times  hereafter,  well  and  sufficiently  save,  defend,  keep 
harmless  and  indemnify,  the  said  Thomas  Brown,  his  heirs,  execu- 
tors and  administrators,  and  his  and  their  goods  and  chattels,  lands 
and  tenements,  of  and  from  the  said  obligation,  and  of  and  from 
all  actions,  suits,  payments,  costs,  charges  and  damages,  for  or  by 
reason  thereof,  then  this  obligation  to  be  void,  or  else  to  be  and 
remain  in  full  force  and  virtue. 


Conditional  part  of  a  Bond  of  Indemnity  to  save  harmless  on 
paying  Rent. 

The  condition  of  this  obligation  is  such,  that  whereas  the  above- 
named  John  Jones,  by  indenture  of  lease,  bearing  date  the  tenth 
day  of  March,  one  thousand  eight  hundred  and  forty-four,  hath 
demised  and  to  farm  let,  unto  the  said  WilUam  Burns,  all  that 
messuage  [describe  the  premises  as  in  the  teasel-  To  hold  the 
same  to  the  said  William  Burns,  for  the  term  of  one  year,  paying 


V^" 


BONDS.  *¥.  113 

&c.,  [as  in  the  lease^  as  in  and  by  the  said  indenture  appears. 
And  whereas  a  certain  Thomas  Dale  claims  title  to  the  premises 
aforesaid,  with  the  appurtenances.  If,  therefore,  the  said  John 
Jones  shall  and  do  from  time  to  time,  indemnify  the  said  William 
Burns,  his  heirs,  executors  and  administrators,  and  his  and  their 
goods  and  chattels,  lands  and  tenements,  of  and  from  the  claim  of 
the  said  Thomas  Dale,  and  of  and  from  all  actions,  suits,  pay- 
ments, costs,  charges  and  damages,  for  or  by  reason  thereof,  then 
this  obligation  to  be  void,  or  else  to  be  and  remain  in  full  force 
and  virtue. 


Conditional  part  of  a  Bond  of  Indemnity  against  Claim  for 

Dower. 

The  condition  of  this  obligation  is  such,  that  whereas  the  above- 
bound  John  Jones,  by  indenture  bearing  date  the  first  day  of 
May,  one  thousand  eight  hundred  and  forty-two,  hath  granted,        ^;;  <^ 
bargained  and  sold  unto  the  above-named  William  Burns,  all  that  m 

certain  messuage  or  piece  of  land  situate,  &c.,  [describe  the  pre-  '\ 

mises,']  with  the  appurtenances,  to  hold  the  same  to  him,  his  heirs 
and  assigns  forever,  as  by  the  said  indenture,  relation  being  there- 
unto had,  appears.  If,  therefore,  the  said  John  Jones,  his  heirs, 
executors  and  administrators,  shall  and  do  from  time  to  time,  and 
at  all  times  hereafter,  well  and  sufficiently  save,  keep  harmless 
and  indemnify  the  said  William  Burns,  his  heirs,  executors  and 
administrators,  and  his  and  their  goods  and  chattels,  lands  and 
tenements,  of  and  from  the  dower,  or  thirds  which  Mary  Jones, 
the  wife  [or  mother,  «§*c.,]  of  the  said  John  Jones,  shall  or  may 
claim  in  the  premises,  and  of  and  from  all  actions,  suits,  payments, 
costs,  charges  and  damages,  for  and  by  reason  thereof,  then  this 
obligation  to  be  void,  or  else  to  be  and  remain  in  full  force  and 
-virtue. 


Conditional  part  of  a  Bond  of  Indemnity  for  a  Bond  mislaid 

or  lost. 

The  condition  of  this  obligation  is  such,  that  whereas  the  above- 
named  John  Jones,  in  and  by  a  certain  obligation  bearing  date  on 
or  about  the  first  day  of  May  last  past,  became  bound  unto  the 
above-named  William  Burns  in  the  sum  of  two  hundred  dollars, 
conditioned  for  the  payment  of  one  hundred  dollars,  which  said 
obligation  has  been  since  lost  or  mislaid ;  and  whereas,  the  said 
John  Jones  hath  fully  satisfied  and  paid  the  said  sum  of  one  hun- 
dred dollars,  with  interest  due  on  the  said  obligation,  the  receipt 
whereof,  the  said  William  Burns  doth  hereby  acknowledge,  and 
thereof,  and  from  every  part  thereof,  and  all  actions,  suits  and 
demands,  concerning  the  same,  acquit  and  forever  discharge  the 


I' 


114  BONDS. 

said  John  Jones,  his  heirs,  executors  and  administrators,  by  these 
presents.  If,  therefore,  the  said  William  Burns,  his  heirs,  execu- 
tors and  administrators,  shall  and  do  deliver  up  the  said  obliga- 
tion, when  it  shall  be  found,  to  the  said  John  Jones,  his  lieirs, 
executors  or  administrators,  to  be  canceled ;  and  until  the  same 
shall  be  so  delivered  up  and  canceled,  save,  defend,  keep  harm- 
less and  indemnify,  the  said  John  Jones,  his  heirs,  executors  and 
administrators,  and  his  and  their  goods  and  chattels,  lands  and  tene- 
ments, of  and  from  the  said  obligation,  and  of  and  from  all  actions, 
suits,  payments,  costs,  charges  and  damages,  for  or  by  reason 
thereof,  then  this  obligation  to  be  void,  or  else  to  be  and  remain 
in  full  force  and  virtue. 


Bond  to  the  County  for  a  Bastard  Child. 

Know  all  men  by  these  presents,  that  we,  John  Jones  and  Wil- 
liam Burns,  of  the  township  of  Greenwich,  in  the  county  of  Berks, 
and  state  of  Pennsylvania,  are  held  and  firmly  bound  unto  James 
Dean  and  Daniel  Stone,  Overseers  of  the  poor  of  the  county  afore- 
said, for  the  time  being,  in  the  just  and  full  sum  of  five  hundred 
dollars,  lawful  money  of  the  United  States,  to  be  paid  to  the  said 
Overseers  of  the  poor,  or  to  either  of  them,  or  either  of  their  cer- 
tain attorneys,  successors  or  assigns,  to  which  payment  well  and 
truly  to  be  made  and  done,  we  do  bind  ourselves,  jointly  and 
severally,  our  heirs,  executors  and  administrators,  and  every  of 
them  firmly  by  these  presents :  Sealed  with  our  seals,  and  dated 
the  tenth  day  of  May,  one  thousand  eight  hundred  and  forty-four. 

The  condition  of  this  obligation  is  such,  that  whereas  Mary 
Ware,  of  Bern,  in  the  county  aforesaid,  single  woman,  is  now 
pregnant  with  child,  \or  hath  lately  been  delivered  of  a  male 
dastard  child,  in  the  tnivnship  aforesaid,']  and  hath  charged  the 
said  John  Jones  with  being  the  father  thereof;  if,  therefore,  the 
said  John  Jones  shall  and  do  from  time  to  time,  and  at  all  times 
hereafter  well  and  sufficiently  save,  defend,  keep  harmless  and 
indemnify  the  said  James  Dean  and  Daniel  Stone,  and  their 
successors,  overseers  of  the  poor  of  the  said  county,  for  the 
time  being,  and  also  all .  the  inhabitants  thereof,  of  and  from 
all  expenses,  costs,  charges  and  damages  whatsoever,  which 
shall  or  may  hereafter  happen  or  accrue,  for  or  by  reason  or 
means  of  the  birth,  maintenance,  education  or  bringing  up  of  the 
said  child,  [or  of  such  child  or  children  luhereivith  the  said  Mary 
Ware  now  goelh,]  and  of  and  from  all  actions,  suits,  -troubles 
and  demands  whatsoever,  touching  or  concerning  the  same,  then 
this  obligation  to  be  void,  or  else  to  be  and  remain  in  full  force 
and  virtue. 


4^^ 


BONDS.  115 

Bond  to  refund  Money  on  failure  of  Contract. 

Know  all  men  by  these  presents,  that  we,  John  Jones  and  Wil- 
liam Burns,  of  Carlisle,  in  the  county  of  Cumberland  and  State 
of  Pennsylvania,  are  held  and  firmly  bound  unto  Daniel  Stone 
and  James  Dean,  trustees  \or  if  not  incorporated^  say  "  mem- 
bers"] of  the  first  Associate  Reformed  Presbyterian  Congregation 
of  Carlisle,  county  and  state  aforesaid,  in  the  sum  of  two  thou- 
sand dollars,  lawful  money  of  the  United  States,  to  be  paid  to  the 
said  Daniel  Stone  and  James  Dean,  or  to  their  certain  attorney, 
successors  or  assigns,  in  trust  for  the  said  congregation,  to  which 
payment  well  and  truly  to  be  made  and  done,  we  do  bind  our- 
selves, jointly  and  severally,  our  heirs,  executors  and  administra- 
tors, and  every  of  them  firmly  by  these  presents :  Sealed  with  our 
seals,  and  dated  the  tenth  day  of  October,  one  thousand  eight 
hundred  and  forty-four. 

Whereas  the  said  John  Jones,  for  the  consideration  of  one  thou- 
sand dollars,  to  him  in  hand  paid,  or  secured  to  be  paid,  did  make, 
finish  and  sell  unto  the  said  congregation  an  organ  [clock,  or 
other  article},  which  he  has  delivered  and  placed  in  the  said 
church.  Now  the  said  John  Jones  doth  hereby  for  himself,  his 
heirs,  executors  and  administrators,  warrant  the  said  organ  to  be 
good  in  each  and  every  respect,  and  to  remain  good  and  sufficient 
for  the  term  of  five  years. 

Now,  the  condition  of  this  obligation  is  such,  that  if  the  said 
organ  shall,  within  the  time  aforesaid,  prove  defective  or  insuffi- 
cient, in  the  opinion  of  any  three  competent  artists  or  mechanics, 
who  shall  be  disinterested,  and  if  the  said  John  Jones,  his  heirs, 
executors  or  administrators,  shall  repair,  amend  and  render  the 
same  good  and  sufficient  in  all  its  parts,  or,  if  he  shall  pay  or 
make  full  satisfaction  unto  the  said  congregation,  for  the  consider- 
ation money  aforesaid,  and  save,  keep  harmless  and  indemnify 
the  said  congregation,  on  account  of  the  said  organ,  or  any  mat- 
ter concerning  the  same,  then  the  above  obligation  to  be  void,  or 
else  to  be  and  remain  in  full  force  and  virtue. 


Replevin  Bond  to  Sheriff  by  Plaintiff. 

Know  all  men  by  these  presents,  that  we,  John  Jones  and  Wil- 
liam Burns,  are  held  and  firmly  bound  unto  Thomas  Brown,  Esq., 
High  Sheriff  of  the  county  of  Allegheny,  in  the  just  and  full  sum 
of  five  hundred  dollars,  lawful  money  of  the  United  States,  to  be 
paid  to  the  said  Thomas  Brown,  Esq.,  his  certain  attorney,  exe- 
cutors, administrators  or  assigns,  to  which  pfiyment  well  and  truly 
to  be  made  and  done,  we  do  bind  ourselves  and  each  of  us,  our 
and  each  of  our  heirs,  executors,  administrators  and  every  of 
them,  jointly  and  severally,  firmly  by  these  presents:  Sealed  with 


^ 


116  *  BONDS. 

our  seals,  and  dated  the  first  day  of  June,  Anno  Domini  one  thou- 
sand eight  hundred  and  forty-four. 

Tlie  condition  of  this  obligation  is  such,  that  whereas  the  above- 
bound  John  Jones  having  obtained  a  certain  writ  of  replevin, 
issued  out  of  the  Court  of  Common  Pleas  of  the  said  county, 
tested  at  Pittsburgh,  the  twenty-second  day  of  May,  A.  D.  1844, 
against  a  certain  Daniel  Stone,  of  the  county  aforesaid,  command- 
ing the  said  sheriff,  that  he  should  replevy  and  cause  to  be  deli- 
vered to  the  said  John  Jones,  one  black  horse,  &c.  [describe  the 
property  as  in  the  writ].  Now  if  the  above-bound  John  Jones 
shall  and  will  prosecute  his  suit  against  the  said  Daniel  Stone 
with  effect,  and  shall  and  will  make  return  of  the  said  goods,  if 
return  of  the  same  shall  be  adjudged,  and  shall  and  will  also, 
from  time  to  time,  and  at  all  times  hereafter,  well  and  suffi- 
ciently keep,  save  harmless  and  indemnify  the  above-named  she- 
riff and  his  officers,  and  his  and  their  heirs,  executors  and  admi- 
nistrators, and  every  of  them,  of  and  from  all  -suits,  costs  and 
charges  whatsoever,  that  shall  and  may  accrue  to  him  or  them, 
by  reason  of  the  replevy  and  delivery  aforesaid,  that  then  this 
obligation  shall  be  void,  or  else  to  be  and  remain  in  full  force  and 
virtue. 

Sealed  and  delivered  in 
presence  of 

James  Stiles. 


JOHN  JONES. 


WILLIAM  BURNS. 


Property  Bond  in  Replevin,  to  Sheriff  by  Defendant. 

Know  all  men  by  these  presents,  that  we,  &c.  [as  in  the  re- 
plevin bond  to  sheriff  by  plaintiff].  The  condition  of  this  obli- 
gation is  such,  that  whereas  John  Jones  having  obtained  a  certain 
writ  of  replevin,  issued  out  of  the  Court  of  Common  Pleas  of 
Allegheny  county,  tested  at  Pittsburgh,  the  twenty-second  day  of 
May,  A.  D.  1844,  against  the  above-bound  Daniel  Stone,  of  the 
county  aforesaid,  commanding  the  said  sheriff  that  he  should  re- 
plevy, and  cause  to  be  deUvered  to  the  said  John  Jones,  one  black 
horse,  &c.  \as  in  ivrit  of  replevin]. 

And  whereas,  the  said  Daniel  Stone  hath  claimed  property  in 
the  said  black  horse,  &c.,  wherefore,  delivery  of  the  said  black 
horse,  &c.,  -cannot  be  made.     Now,  if  the  above-bound  Daniel 


BONDS.  117 

Stone  shall  and  do  well  and  truly  deliver  up  the  said  black  horse, 
&c.,  to  the  said  John  Jones,  if  the  property  thereof  s^aW  be  ad- 
judged in  the  said  John  Jones,  and  shall  and  do  well  and  truly 
abide  by  the  judgment  of  the  said  court  in  all  things  relating  to 
the  premises,  and  shall  also  save,  keep  harmless  and  indemnify 
the  said  sheriff  in  the  premises,  then  this  obligation  to  be  void,  or 
else  to  be  and  remain  in  full  force  and  virtue. 

Bond  of  Indemnity/  in  case  of  Foreign  Jittachment. 

Know  all  men  by  these  presents,  &c.  [as  in  the  replevin  bond 
to  sheriff  by  plaintiffs 

The  condition  of  this  obligation  is  such,  that  whereas  in  and 
by  a  certain  writ  of  attachment,  issued  out  of  the  Court  of  Com- 
mon Pleas  of  Union  County,  tested  at  New  Berlin,  the  tenth  day 
of  May,  Anno  Domini  1844,  commandingthe  said  sheriff  that  he 
should  attach  Daniel  Stone,  by  all  and  singular,  the  goods  and 
chattels,  lands  and  tenements,  in  whose  hands  or  possession 
,  soever  the  same  might  be  found  in  his  bailiwick,  &c.,  to  answer 
John  Jones  in  a  plea  of  trespass  on  the  case,  &c.,  which  said  writ 
is  returnable  the  first  Monday  of  August  next  ensuing. 

Now,  if  the  said  John  Jones  shall  and  will  save  harmless  and 
indemnify  the  above-named  Thomas  Brown,  sheriff  as  aforesaid, 
and  his  officers,  and  every  of  them,  for  or  by  reason  of  his  or 
their  executing  the  said  writ,  as  therein  he  is  commanded,  and  if 
the  said  John  Jones  shall  and  will  prosecute  his  said  plea  against 
the  said  Daniel  Stone,  with  effect  according  to  law,  and  abide  the 
judgment  and  award  of  said  court,  then  this  obligation  shall  be 
void,  or  else  to  be  and  remain  in  full  force  and  virtue. 

Bond  of  Indemnity  upon  Levy  and  Sale. 

Know  all  men  by  these  presents,  that  we,  &c.  [as  in  the  re- 
plevin bond].  The  condition  of  this  obligation  is  such,  that 
whereas  a  writ  of  feri  facias  has  lately  issued  out  of  the 
Court  of  Common  Pleas  of  the  county  of  Lancaster,  tested  at 
Lancaster,  the  tenth  day  of  June,  Anno  Domini  one  thousand 
eight  hundred  and  forty-four,  directed  to  the  above-named  Thomas 
Brown,  sheriff  of  the  said  county,  at  the  suit  of  the  said  John 
Jones,  against  Daniel  Stone,  commanding  him,  the  said  sheriff,  to 
cause  to  be  levied  of  the  goods  and  chattels,  lands  and  tenements, 
of  the  said  Daniel  Stone,  in  his  bailiwick,  the  sum  of  five  hundred 
dollars,  which  Was  lately  adjudged  to  the  said  John  Jones,  as  well 
for  his  damages,  as  for  his  costs  and  charges  by  him  about  his  said 
suit  in  that  behalf  expended.  And  whereas  the  said  sheriff'  does 
not  certainly  know  what  are  the  goods  and  chattels,  (jr  effects  of 
the  said  Daniel  Stone  :  if,  therefore,  the  said  John  Jones,  his  heirs, 
executors  and  administrators,  shall  and  do  from  time  to  time,  and 


^'> 


118  BONDS. 

at  all  times  hereafter,  indemnify  and  save  harmless  the  above- 
named  Thomas  Brown,  sheriff  as  aforesaid,  and  his  officers,  and 
his  and  their  heirs,  executors  and  administrators,  and  every  of 
them,  and  his  and  their  goods  and  chattels,  lands  and  tenements, 
of  and  from  all  manner  of  suits,  action  and  actions,  damages, 
costs  or  charges  whatsoever,  that  shall  or  may  accrue  to  him  or 
them,  or  either  or  any  of  them,  on  account  of  his  or  their  levying 
upon,  or  levying  upon  and  selling,  by  the  direction  of  him,  the 
said  John  Jones,  and  by  force  of  the  said  writ,  the  goods  and 
chattels  of  any  person  or  persons  whatsoever,  as,  or  supposing 
them  to  be  the  goods  and  chattels  of  the  said  Daniel  Stone,  then 
this  obligation  to  be  void,  or  else  to  be  and  remain  in  full  force 
and  virtue. 

Conditional  part  of  a  Bond  of  Indemnity  for  the  payment  of 
an  Annuity  during  life. 

Whereas  the  above-bound  John  Jones,  on  the  day  of  the  date 
of  the  above-written  obligation,  hath  had  and  received  to  his  own 
use,  of  and  from  the  above-named  WiUiam  Burns,  the  sum  of 
one  thousand  dollars,  the  receipt  whereof,  he,  the  said  John  Jones, 
doth  hereby  acknowledge,  for  consideration  whereof,  he,  the  said 
John  Jones,  hath  agreed  to  pay  unto  the  said  William  Burns  one 
annuity  or  clear  yearly  sum  of  one  hundred  dollars,  during  his 
natural  life,  to  be  paid  in  manner  hereafter  to  be  mentioned. 
Now,  the  condition  of  this  obligation  is  such,  that  if  the  above- 
bounden  John  Jones,  his  heirs,  executors  or  administrators,  or  any 
of  them  do,  and  shall  yearly  and  every  year,  during  the  natural 
life  of  the  above-named  William  Burns,  well  and  truly  pay,  or 
cause  to  be  paid,  to  him,  the  said  William  Burns,  or  his  assigns, 
the  clear  yearly  sum  of  one  hundred  dollars,  by  quarterly  pay- 
ments, on  the  four  following  days  of  payment,  in  the  year,  that  is 
to  say,  the  first  days  of  January,  April,  July  and  October,  in  each 
year,  by  even  and  equal  portions,  the  first  payment  thereof  to 
begin  and  be  made  on  the  first  day  of  January  next  ensuing  the 
date  of  the  above-written  obligation,  then  this  obligation  to  be 
void ;  but  if  default  shall  happen  to  Idc  made  of  or  in  any  of  the  ■ 
said  quarterly  payments,  or  any  part  thereof,  on  any  or  either  of 
the  said  quarterly  days  on  which  the  same  ought  to  be  paid  as 
aforesaid,  then  the  same  shall  stand  and  remain  in  full  force  and 
virtue. 

Sealed  and  delivered  in 
presence  of 

James  Stiles. 


JOHN  JONES. 


'A 


BONDS.  .  119 

Conditional  part  of  a  Bond  of  Indemnity  to  discharge  irtcwn- 

brances. 

The  condition  of  this  obligation  is  such,  that  whereas  the  above- 
bound  John  Jones,  by  indenture  bearing  even  date  herewith, 
hath  granted,  bargained  and  sold  unto  the  above-named  William 
Burns,  a  certain  messuage  or  piece  of  land,  situate,  &c.,  [describe 
the  preynises  as  in  the  deed,]  with  the  appurtenances.  And 
whereas  the  piece  of  land  is  subject  to  the  lien  of  a  judgment  in 
favour  of  Daniel  Stone,  against  the  said  John  Jones,  in  the  Court 
of  Common  Pleas  of  Union  County,  for  two  himdred  dollars  be- 
sides interest  and  costs :  if,  therefore,  the  said  John  Jones  do  and 
shall,  on  or  before  the  first  day  of  May,  one  thousand  eight  hun- 
dred and  forty-five,  pay  and  satisfy  the  said  judgment,  interest  and 
cost  in  full,  and  procure  such  satisfaction  to  be  entered  of  record 
in  said  court,  and  do  and  shall  from  time  to  time,  and  at  all  times 
hereafter,  well  and  sufficiently  save,  keep  harmless  and  indemnify 
the  said  William  Burns,  his  heirs,  executors,  administrators,  of 
and  from  the  said  judgment,  and  of  and  from  all  actions,  suits, 
payments,  costs,  charges  and  damages,  for  or  by  reason  thereof, 
then  this  obligation  to  be  void,  or  otherwise  to  be  and  remain  in 
full  force  and  virtue.  ' 


Conditional  part  of  a  Bond  to  indemnify  Indorsers. 

The  condition  of  this  obligation  is  such,  that  whereas  the  said 
William  Burns  and  Daniel  Stone,  at  the  special  instance  and  re- 
quest of  the  above-bound  John  Jones,  did  indorse  for  the  said 
John  Jones,  a  certain  promissory  note  dated  the  tenth  day  of  May, 
1844,  for  the  payment  of  six  hundred  dollars,  payable  at  the  Ex- 
change Bank  in  the  city  of  Pittsburgh,  ninety  days  after  date ; 
also,  one  other  note  dated  the  twenty-second  day  of  May, 
1844,  for  the  payment  of  five  hundred  dollars,  payable  at  the 
Exchange  Bank  in  the  city  of  Pittsburgh,  ninety  days  after  date 
thereof,  both  which  said  notes  were  indorsed  by  them  for  the 
accommodation  of  the  said  John  Jones.  If,  therefore,  the  said 
John  Jones  shall  and  do  from  time  to  time,  and  at  all  times  here- 
after, well  and  sufficiently  save,  defend,  keep  harmless  and  indem- 
•nify  the  said  William  Burns  and  Daniel  Stone,  their  heirs,  exe- 
cutors, administrators,  and  their  goods  and  chattels,  landjs  and 
tenements,  of  and  from  the  said  liabilities  as  indorsers,  as  afore- 
said, or  for  the  removal  of  the  said  notes  by  indorsing  other  paper 
for  that  purpose,  for  the  said  John  Jones,  and  of  and  from  all 
actions,  suits,  payments,  costs,  charges  and  damages,  for  or  by 
reason  thereof,  then  this  obligation  to  be  void,  or  else  to  be  and 
remain  in  full  force  and  virtue. 


..^*., 


J20  •  BONDS. 

Cohditional  part  of  a  Bond  for  payment  of  Money  after  a 
person's  death. 

The  condition  of  tlie  above-written  obligation  is  such,  that  if 
the  above-bonnd  John  Jones,  his  heirs,  executors  or  administra- 
tors, do  and  shall  well  and  truly  pay,  or  cause  to  be  paid,  unto 
the  above-named  William  Burns,  his  executors,  administrators  or 
assigns,  the  sum  of  one  thousand  dollars,  within  the  space  of  six 
months  next  after  the  decease  of  Charles  Doe,  otherwise  to  remain 
in  full  force  and  virtue. 


Conditional  part  of  a  Bond  of  Indemnity  by  an  Executor 
who  retains  Money  in  his  hands  directed  by  the  Will  to  be 
put  out  at  Interest. 

Whereas  A.  A.,  late  of ,  late  husband  of  the  above-named 

B.  A.,  by  his  last  will  and  testament  in  writing,  bearing  date  on 
or  about  the day  of ,  did,  amongst  divers  other  pecu- 
niary legacies,  give  unto  the  said  B.  A.,  and  to  the  above-bounden 
G.  F.  (by  the  description,  &c.)  and  to  the  survivors  of  them,  and 
to  the  executors  and  administrators  of  such  survivor,  the  sum  of 

dollars,  upon  trust,  to  place  the  same  out  in  bank  stock,  and 

to  pay  and  apply  the  interest  and  process  thereof,  for  and  towards 
the  maintenance  and  education  of  all  and  every  the  children  of 
his  niece  S.  F.  by  her  said  husband,  J.  F.,  in  such  shares  and  pro- 
portions as  his  said  niece  should  direct,  until  her  said  children 
should  attain  their  respective  ages  of  twenty-one  years ;  and  then 
in  trust  to  pay  to  the  said  children,  and  to  the  survivor  or  surviv- 
ors of  them,  the  said  sum  of dollars,  or  the  produce  thereof, 

at  their  respective  ages  of  twenty-one  years,  equally  between 
them,  share  and  share  alike  ;  and  of  his  said  will,  did  constitute 
and  appoint  his  said  wife,  B.,  and  his  nephew-in-law  J.  F.,  exe- 
cutrix and  executor,  as  by  the  said  will  duly  proved  in  the  regis- 
ter's office  of  the  county  of ,  relation  being  thereunto  had, 

will  appear :  and  whereas  the  said  S.  F.  had,  at  the  time  the 
testator  made  his  said  will,  and  still  hath  five  children  living  by 
her  said  husband,  J.  F.  j  that  is  to  say,  A.,  B.,  C,  D.,  and  E.,  all 
still  under  age :  and  whereas  the  said  J.  F.  and  S.  L.  have  re^ 
quested  the  said  J.  F.  to  retain  in  his  hands,  out  of  the  said  testa- 
tor's estate,  the  said  legacy  of dollars,  so  given  to  them,  the 

said  B.  A.  and  J.  F.  as  aforesaid,  until  they  shall  severally  become 
entitled  to  receive  their  proportions  of  the  same,  which  the  said 
B.  A.  hath  agreed  to,  or  the  said  J,  F.  and  S.  L.  indemnifying  her 
therein,  (as  hereinafter  is  mentioned;)  now  the  condition  of  this 
obligation  is  such,  that  if  the  above-bounden  J.  F.,  his  heirs,  exe- 
cutors or  administrators,  do  and  shall  well  and  truly  pay,  or  cause 
to  be  paid,  unto  the  said  A.,  B.,  C,  D.  and  E.,  children  of  the 


BONDS.  121 

said  J.  F.,  by  the  said  J.  F.,  or  to  the  survivor  or  survivors  of  them, 

the  said  legacy  or  sum  of dollars,  so  given  to  the  said  B.  A. 

and  J;  F.,  by  the  recited  will,  in  trust  for  them  as  aforesaid,  when 
and  as  they  shall  respectively  attain  the  age  of  twenty-one  years, 
in  the  proportions  and  according  to  the  directions  of  the  said 
recited  will,  and  do  and  shall,  from  time^to  time,  and  at  all  times 
hereafter,  well  and  sufficiently  save  harmless,  and  keep  indemni- 
fied, the  said  B.  A.,  her  heirs,  executors  and  administrators,  and 
her  and  their  goods  and  chattels,  lands  and  tenements,  of,  from, 
and  against  all  losses,  costs,  charges,  damages  and  expenses  which 
she  or  they  shall  or  may  bear,  pay,  sustain,  or  be  put  unto,  for  or 

by  reason  or  means  of  the  said  legacy  or  sum  of dollars, 

not  being  placed  out  upon  bank  stock,  according  to  the  directions 
contained  in  the  said  recited  will,  or  for  or  by  reason  or  means  of 
any  other  matter,  cause,  or  thing  whatsoever  relating  to  the  said 
legacy ;.  then,  &c. 


Bond  of  a  Constable,  for  faithful  Performance,  8pc, 

Know  all  men,  &c..  That  we  are  held  and  firmly  bound  unto 
the  Commonwealth  of  Pennsylvania,  in  the  sum  of,  &c.  &c. 

Whereas  the  above-bounden  A.  B.  has  been  duly  elected  and 
returned  to  the  Court  of  Quarter  Sessions  of  the  Peace  of  the 

County  of ,  as  constable  of  the  township  of in  the  said 

county  for  the  ensuing  year,  which  election  has  been  approved 
and  confirmed  by  the  said  court. 

Now  the  condition  of  this  obligation  is  such,  that  if  the  said  A. 
B.  shall  and  do,  from  time  to  time,  and  at  all  times  during  his 
continuance  in  office,  justly  and  faithfully  discharge  the  duties 
appertaining  to  the  office  of  constable,  according  to  law,  then  this 
obligation  to  be  void,  otherwise  to  be  and  remain  in  full  force  and 
virtue. 


Conditional  part  of  a  Bond,  to  leave  Money  to  a  Wife. 

Whereas  a  marriage  is  intended  shortly  to  be  had  and  solem- 
nized between  the  above-bounden  J.  C.  and  H.  B.,  (the  mother 
of  the  above-named  G.  B.  and  S.  B. ;)  now  the  condition  of  the 
above  obligation  is  such,  that  if  (after  the  said  intended  marriage) 
the  said  H.  shall  happen  to  survive  the  said  J.,  her  intended  hus- 
band, then,  and  in  such  case,  if  the  heirs,  executors  or  adminis- 
trators of  him,  the  said  J.,  shall  and  do,  within  the  space  of  six 
months  next  after  his  decease,  well  and  truly  pay,  or  cause  to  be 
paid  unto  her,  the  said  H.,  or  her  assigns,  the  sum  of  one  thou- 
sand dollars,  to  and  for  her  own  proper  use  and  benefit,  and  to  be 
at  her  own  free  and  absolute  disposal,  without  any  manner  of 
account  to  be  given  by  her  for  or  concerning  the  same,  then  the 

L 


122  BONDS.     ' 

obligation  to  be  void  and  of  none  effect,  or  else  to  remain  in  full 
force  and  virtue. 


Conditional  part  of  a  Bond  to  indemnify  lessee  on  payment 

of  Rent. 

The  condition  of  this  obligation  is  such,  that  whereas  the  above- 
named  A.  B.,  by  indenture  of  lease,  bearing  date  the  day 

of ,  hath  demised  and  to  farm  let  unto  the  said  C.  D.,  all  that 

messuage,  &c.     To  hold  the  same  to  the  said  C.  D.  for  the  term 

of years  paying (as  in  the  lease)  as  in  and  by  the  said 

indenture  appears.  And  whereas  a  certain  E.  F.  claims  title  to 
the  premises  aforesaid,  with  the  appurtenances,  if,  therefore,  the 
said  A.  B.  shall  and  do  from  time  to  time  indemnify  the  said  C. 
D.,  his  heirs,  executors  and  administrators,  and  his  and  their 
goods  and  chattels,  lands  and  tenements,  of  and  from  all'actions, 
suits,  payments,  costs,  charges  and  damages  for  or  by  reason 
thereof;  then,  &c. 

Conditional  part  of  a  Bond  for  payment  of  an  Annuity  during 
the  life  of  a  Feme  Covert. 

Whereas  the  above-named  A.  A.  hath  contracted  and  agreed 
with  the  above-bounden  H.  H.  for  the  purchase  of  a  clear  annuity 
or  yearly  sum  of ,  payable  t6  him,  the  said  A.  A.,  his  execu- 
tors, administrators  or  assigns,  during  the  life  of  M.  M.,  the  wife 

of  T.  M.,  of ,  at  or  for  the  price  or  sum  of ,  which  said 

sum  of,  the  said  A.  A.  hath  advanced  and  paid  to  the  said  H.  H,, 
at  or  before  the  sealing  and  delivery  of  the  above  obligation,  the 
receipt  whereof  the  said  H.  H.  doth  hereby  acknowledge,  and 
thereof,  and  of  and  from  every  part  thereof,  doth  acquit,  exone- 
rate, release  and  forever  discharge  the  said  A.  A.,  his  heirs,  execu- 
tors and  administrators,  and  every  of  them  by  these  presents : 
The  condition  of  this  is  such,  that  if  the  said  H.  H.,  his  heirs, 
executors  or  administrators,  do  and  shall  well  and  truly  pay,  or 
cause  to  be  paid,  unto  the  said  A.  A.,  his  executors,  administrators 

or  assigns,  the  annuity  or  clear  yearly  sum  of dollars,  by  half 

yearly  payments  on  the day  of ,  and  the day  of , 

in  every  year  during  the  life  of  the  said  M.  M.,  by  yearly  por- 
tions, clear  of  all  deductions  on  any  account  or  pretence  whatso- 
ever ;  the  first  half  yearly  payment  thereof  to  be  made  on  the 

day  of next,  and  also  a  proportionable  part  of  the  said 

annuity,  or  clear  yearly  payment  of for  or  in  respect  of  so 

many  days  as  shall  have  elapsed  from  the  last  half  yearly  day  of 
payment  next  preceding  the  decease  of  the  said  M.  M.,  up  to  the 
day  of  her  death ;  then  the  said  obligation  to  be  void.  But  if 
default  shall  be  made  of,  or  in  payment  of  the  said  annuity  or 


%^'^ 


BONDS.  123 

clear  yearly  sum  of ,  or  any  part  thereof,  at  the  days  or  times 

aforesaid,  or  any  of  them,  then  the  said  obligation  to  be  and  re- 
main in  full  force,  virtue,  and  effect. 


Conditional  part  of  a  Bond  of  Indemnity  ^on  paying  Money  to 
a  Person  who  had  not  taken  out  Letters  of  ^Administration. 

Whereas  the  above-named stands  indebted  to  the  estate 

of  C.  B.,  of ,  deceased,  in  the  sum  of dollars :  And 

whereas  the  said  C.  B.  was  at  the  time  of  his  death  indebted  to 

E.  W.,  by  bond  in  the  sum  of dollars,  principal  money,  with 

a  great  arrear  of  interest  for  the  same ;  and  whereas  the  said  C. 

B.  made  his  last  will  and  testament  in  writing,  and  thereof  ap- 
pointed the  said  E.  W.  sole  executor,  who,  in  compassion  to  the 
above-bound  B.  B.,  the  widow  and  relict  of  the  said  C.  B.,  she 
being  left  in  indigent  circumstances  with  seven  children,  hath 
given  up  to  her  the  said  bond  for  her  own  benefit,  but  declines 
proving  the  said  will:  And  whereas  the  principal  money  and 
interest  due  on  the  said  bond,  are  more  than  the  effects  of  the  said 

C.  B.  amount  to,  and  the  above-bound  A.  A.  and  B.  B.  have 

requested  the  said to  pay  her,  the  said  B.  B.,  the  sum  of 

—  dollars,  due  from  them  to  the  estate  of  her  said  late  husband, 

without  obliging  her  to  take  out  letters  of  administration  of  the 
goods  and  chattels  of  her  said  late  husband  with  his  will  annexed, 

as  the  same  will  exhaust  great  part  of  the  said  sum  of dollars, 

and  there  being  no  other  debt  or  effects  of'  her  said  late  husband 

to  get  in,  the  said have  agreed  to  comply  with  such  request 

on  the  said  A.  A.  and  B.  B.  indemnifying  them  for  so  doing :  And 

whereas  the  said have  accordingly  on  the  day  of  the  date 

hereof,  paid  the  said  B.  B.  the  said  sum  of dollars,  the  re- 
ceipt whereof  she  doth  hereby  acknowledge.  Now,  therefore, 
the  condition  of  this  obligation  is  such,  that  if  the  said  A.  A.  and 
B.  B.,  or  either  of  them,  their  or  either  of  their  heirs,  executors  or 
administrators,  do  and  shall,  from  time  to  time,  and  at  all  times 
hereafter,  well  and  sufficiently  save,  defend,  keep  harmless  and 
indemnify  the  said ,  and  their ,  and  their  goods  and  chat- 
tels, lands  and  tenements,  of,  from  and  against  all  losses,  costs, 
charges,  damages  and  expenses  which  they  shall  or  may  bear, 
pass,  sustain  or  be  put  unto,  for  or  by  reason  or  reasons  of  their 

having  paid  the  said  B.  B.,  the  said  sum  of dollars,  and  from 

them  to  the  estate  of  the  said  C.  B.,  as  aforesaid,  or  any  matter, 
cause  or  thing  relating  thereto,  then,  &c. 


Bond  to  suffer  a  Wife  to  live  apart  from  her  Husband. 

Know  all  men,  &c.     Whereas,  J.  B.,  the  wife  of  the  above- 
bounden  B.  B.,  doth  now  live  separate  and  apart  from  her  said 


124  BONDS. 

husband,  and  follows  the  trade  or  employment  of  making  and 

selling ,  and  the  said  B.  B.  hath  agreed  that  his  said  wife 

shall  have  and  receive  all  benefit  arising  thereby,  or  of  any  other 
trade  or  business  which  she  shall  think  fit  to  follow,  to  and  for 
her  own  separate  use  and  support ;  wherewith  he,  the  said  B.  B., 
is  not  to  intermeddle,  or  have  any  profit  or  advantage  from ;  so 
as  she,  the  said  J. '6:,  doth  not  and  shall  not  contract  any  debt  or 
debts,  whereof,  or  by  means  whereof,  the  person  or  eflects  of  her 
said  husband,  shall  or  may  be  sued,  charged  or  incumbered,  by 
any  means  whatsoever:  Now  the  condition  of  this  obligation  is 
such,  that  if  the  said  B.  B.  do  and  shall,  from  time  to  time,  during 

the  space  of years  now  next  ensuing,  (if  the  said  J.  B.  shall 

so  long  live,)  permit  and  suffer  the  said  J.  B.,  his  wife,  to  live 
separate  and  apart  from  him,  and  to  have  and  receive  all  benefit, 
profit  and  advantage  arising,  or  which  shall  arise  by  her  said 

trade  or  business  of  making  and  selling ,  or  any  other  trade 

or  business  which  she  shall  follow  or  employ  herself  in  during  the 
said  term,  to  and  for  her  own  separate  use,  support  and  main- 
tenance, without  any  account,  suit,  trouble  or  molestation  what- 
soever ;  and  without  acting,  doing  or  causing  or  permitting  to  be 
done,  any  act,  matter  or  thing  whatsoever,  whereby  or  wherewith, 
or  by  any  means  or  occasion  whereof,  the  said  J.  B.,  his  wife,  shall 
or  may  be  molested  or  incumbered  by  any  ways  or  means  whatso- 
ever, and  also  if  the  said  B.  B.,  his  executors  or  administrators  of 
his  or  their  goods  or  chattels,  lands  or  tenements,  shall,  at  any  time 
hereafter,  during  the  said  term  of— — years,  be  sued,  attached, 
or  otherwise  charged  and  incumbered,  for  or  by  reason  or  means 
of  any  debt  or  debts,  which  his  said  wife  hath  or  shall,  or  may 
contract :  then  in  either  of  the  said  cases  this  obligation  to  be  void, 
or  else  to  remain  in  full  force  and  virtue. 

Bond  to  suffer  a  Wife  to  live  apart,  to  have  all  her  Effects  and 
to  behave  quietly  to  her. 

Know  all  men,&c.  Whereas  M.,  the  wife  of  the  said  R.  R.,  hath 
for  several  years  last  past  lived  separate  and  apart  from  the  said 
R.  R.,  her  husband,  and  hath,  during  all  the  said  time,  maintained 
and  provided  for  herself  and  I.,  the  daughter  of  the  said  R.  R., 
without  any  expense  to  the  said  R,  R.,  and  whereas,  it  is  agreed 
between  the  said  R.  R.  and  the  said  M.,  his  wife,  that  the  said 
M.,  the  wife  of  the  said  R.  R.,  shall  and  may  at  all  times  hereafter, 
live  separate  and  apart  from  the  said  R.  R.,  and  also  that  the  said 
M.  R.  shall  and  may  have,  hold  and  enjoy  to  her  sole  and  sepa- 
rate use  all  such  moneys,  goods  and  effects  as  the  said  M.  R.  is 
now  possessed  of,  or  shall  or  may  at  any  time  or  times  hereafter, 
get  or  acquire,  or  which  shall  be  given  or  bequeathed  to  her  by 
any  person  or  persons  whatsoever,  without  any  hindrance,  mo- 
lestation, or  interruption  of  or  by  him,  the  said  R.  R.  And  whereas 


CASE  STATED.  125 

the  said  R.  R.  hath  also  agreed  to  behave  himself  peaceably  and 
quietly  towards  the  said  M.  R.,  his  wife,  and  the  said  J.  R.,  his 
daughter,  and  not  to  molest,  assault,  disturb  or  do  any  bodily  hurt 
or  injury  to  them,  or  either  of  them:  Now  the  condition  of  this 
obligation  is  such,  that  if  the  above-bounden  R.  R.  shall  and  do, 
from  time  to  time,  and  at  all  times  hereafter,  during  the  term  of 
•his  natural  life,  permit  and  suffer  the  said  M..R.,  his  wife,  and  the 
said  J.  R.,  his  daughter,  (in  case  they  or  either  of  them  shall  so 
long  happen  to  live,)  to  live  separate  and  apart  from  the  said  R. 
R.,  without  any  molestation,  disturbance  or  interruption  of  or  by 
him,  the  said  R.  R.,  and  also  if  the  said  R.  R.,  his  executors  or 
administrators,  shall  and  do  at  all  times  hereafter,  permit  and  suf- 
fer the  said  M.  R.,  his  wife,  to  have,  hold,  and  enjoy  to  her  sole 
and  separate  use,  all  and  every  the  moneys,  goods,  chattels  and 
effects,  whereof  the  said  M.  R.  is  now  possessed,  and  also  all  and 
every  the  moneys,  goods,  chattels  and  effects  which  the  said  M. 
R.  shall  or  may  at  any  time  or  times  hereafter  get  or  acquire,  or 
which  shall  or  may  be  given  or  bequeathed  to  the  said  M.  R.,  by 
any  person  or  persons  whatsoever,  without  any  hindrance,  mo- 
lestation or  interruption  of  or  by  him  the  said  R.  R.  ;■  and  also,  if 
the  said  R.  R.  shall  and  do,  from  time  to  time,  and  at  all  times 
hereafter,  demean  and  behave  himself  peaceably  and  quietly 
towards  the  said  M.  R.,  his  wife,  and  the  said  J.  R.,  his  daughter, 
and  each  of  them,  and  shall  not,  nor  in  any  manner  whatsoever, 
molest,  assault,  disturb,  or  do  any  bodily  hurt  or  injury  to  the  said 
M.  R.,  his  wife,  and  the  said  J.  R.  his  daughter,  or  either  of  them, 
then  this  obligation  to  be  void ;  but  if  default  shall  be  made  in 
performance  of  all  or  any  of  the  conditions  above  specified,  then 
this  obligation  is  to  remain  in  full  force  and  virtue. 

Note. —  These  bonds  cannot  he  made  to  the  woman  herself^ 
but  to  some  person  for  her  use. 


CASE  STATED. 

Remarks. 

A  case  stated,  is  an  agreement  in  writing,  between  a  plaintiff 
and  defendant,  that  the  facts  in  dispute  between  them  are  true  as 
therein  stated.  The  facts  being  thus  agreed  upon,  it  is  left  fcr  the 
court  to  decide  for  which  party  is  the  law. 

As  no  writ- of  error  hes  on  a  judgment  rendered  on  a  case 
stated,  it  is  usual  in  the  agreement  to  insert  a  clause,  that  the  case 
stated  shall  be  considered  in  the  nature  of  a  special  verdict,  or  to 
agree  expressly  that  either  party  may  sue  out  a  writ  of  error.  See 
8  S.  &  R.  529. 


•^ 


126  CAVEAT. 

The  following  will  answer  as  a  form  for  such  an  agreement. 
■^'       f  In  the  Common  Pleas  of ,  county  of .    Term 

ahS    ^•°-^-   ''° • 

And  now,  January  6th,  A.  D. ,  it  is  hereby  agreed  by  and 

between  the  parties  to  the  above  suit  that  the  following  case  b^ 
stated  for  the  opinion  of  the  court  in  the  nature  of  a  special  ver- 
dict. A.  B.  the  plaintiff' above  named,  &c.,  (here  state  the  facts 
agreed  upon.) 

If  the  court  be  of  opinion  that ,  then  judgment  to  be  en- 
tered for  the  plaintiff",  but  if  not,  then  judgment  to  be  entered  for 
the  defendant.  The  costs  to  follow  the  judgment,  and  either 
party  reserving  the  right  to  sue  out  a  writ  of  error  therein. 

A.  B. 
C.  D. 

CAVEAT. 

Remarks. 

A  caveat  is  the  name  of  a  notice  given  by  a  party  having  an 
interest  in  the  same,  to  some  officer  not  to  do  an  act  till  the  party 
giving  the  notice  shall  have  been  heard ;  as  a  caveat  to  the  Re- 
gister of  Wills,  not  to  permit  a  will  to  be  proved,  or  not  to  grant 
letters  of  administration,  until  the  party  shall  have  been  heard. 
A  caveat  is  also  sometimes  made,  to  prevent  a  patent  for  inven- 
tions being  issued. 

A  Caveat  against  the  Probate  of  a  Will. 

To  Thomas  Moorhead,  Jr.,  Esq.,  Register  of  Wills  for  the 
County  of ,  State  of  Pennsylvania. 

I,  A.  B.,  one  of  the  heirs  (or  as  the  case  may  be),  of  C.  D.,  late 

of  the  of ,  deceased,  do  hereby  caveat  and  protest 

against  the  probate  of  any  last  will  and  testament  or  instrument 
in  the  nature  thereof,  being  or  pretending  to  be  the  testament  and 
last  will  of  the  said  C.  D.,  until  examination  thereof  in  the  proper 
court,  and  the  decree  of  the  said  court  be  therein  pronounced. 

Witness  my  hand  this day  of ,  A.  D. . 

A.  B. 

Caveat  against  granting  Letters  of  Administration. 

To  Thomas  Moorhead,  Jr.,  Esq.,  Register  of  Wills  for  the 
County  of ,  State  of  Pennsylvania. 

I,  A.  B.,  being  interested  in  the  personal  estate  of  C,  D.,  late  of 
the of ,  deceased,  do  hereby  caveat  and  protest  against 


CERTIORARI.— COGNOVIT  ACTIONEM.  127 

granting  letters  of  administration  therein  to  or  any  other 

person,  until  the  examination  of  his  or  their  right  thereto  before 
the  proper  tribunal  he  had,  and  the  decision  of  the  said  tribunal 
therein  be  given. 

Witness  my  hand  this day  of A.  D. . 

A.  B. 


CERTIORARI. 

Certiorari  is  the  name  of  a  writ  issued  from  a  superior  court 
directed  to  one  of  inferior  jurisdiction,. commanding  the  latter  to 
certify  to  the  former  the  record  in  the  particular  case. 

Certiorari  to  a  Justice  of  the  Peace. 

The  Commonwealth  of  Pennsylvania  to  A.  B.,  one  of  our  Jus- 
tices of  the  Peace,  in  and  for  the  county  of  Crawford,  greeting : 
We  being  willing,  for  certain  causes,  to  be  certified  of  a  certain 
plea  of ,  between  C.  D.,  plaintiff,  and  E.  F.,  defendant,  be- 
fore you  depending,  do  command  you  that  the  plea  aforesaid,  with 
all  things  touching  the  same,  before  our  judges  at  Meadville,  at 
our  county  Court  of  Common  Pleas,  there  to  be  held  for  the 

county  of  Crawford,  the day  of  May  next  ensuing.     So  full 

and  entire,  as  before  you  they  remain,  you  certify  and  send 
together  with  this  writ,  that  we  may  further  cause  to  be  done, 
therefore,  that  which  of  right,  and  according  to  our  laws  and  con- 
stitution, ought. 

Witness  the  Honourable  G.  C,  President  Judge  of  the  said 
court,  the day  of ,  A.  D.  1845. 

Return  of  Magistrate  to  he  indorsed  on  the  Writ. 

To  the  honourable,  the  judges  within  named,  the  plea  within 
mentioned,  with  all  things  touching  the  same  so  fully  and  entire, 
as  before  me  they  remain,  I  hereby  respectfully  certify  and  send, 
as  within  I  am  commanded,  together  with  the  writ. 

A.  B.,  Justice  of  the  Peace. 


COGNOVIT  ACTIONEM.  ^ 

Remarks. 

A  cognovit  is  a  written  confession  of  an  action  by  a  defendant, 
subscribed  but  not  sealed,  and  authorizing  the  plain tifl'  to  sign 
judgment,  and  issue  execution,  usually  for  a  sum  named.  It  is 
given  after  the  action  is  brought,  in  order  to  save  expense.     A 


128  COGNOVIT  ACTIONEM. 

cognovit  actionem,  is  an  acknowledgment  and  confession  of  the 
plaintiff's  cause  of  action  against  the  defendant,  to  be  just  and 
true.  3  Ch.  Pr.  664.  Sometimes  the  defendant  confesses  the  one 
part  of  the  plaintifl"'s  alleged  claim,  and  denies  the  rest. 


Cogjiovit  in  action  of  Debt. 

In  the  Common  Pleas  of ,  county  of .    Term 

A.  D. ,  No. . 

I  confess  the  debt  in  this  cause,  and  that  the  plaintiff  hath  sus- 
tained damages  to  the  amount  of  six  cents  on  occasion  of  the 
detaining  thereof,  besides  his  costs  and  charges  in  this  behalf  to 

the  amount  of dollars,  (or,  to  be  taxed  by  the  prothonotary) 

and  in  case  I  make  default  in  the  payment  of  the  said  debt,  da- 
mages and  costs  aforesaid,  on  the day  of next,  the 

plaintiff  shall  be  at  liberty  to  enter  up  judgment  for  the  said  debt 

(or  sum  of dollars)  and  costs  as  aforesaid ;  and  also  the  costs 

of  entering  up  such  judgment  and  of  suing  out  execution  there- 
for, and  shall  be  at  liberty  thereupon  forthwith  to  issue  execution 
for  the  same. 

And  I  do  hereby  agree  to  withdraw  the  pleas  pleaded  by  me  (if 
the  defendant  have  pleaded)  and  undertake  not  to  appeal  or  bring 
any  writ  of  error,  or  do  any  other  matter  or  thing  whereof  the 
plaintiff  may  be  delayed  in  entering  up  his  judgment,  and  bring 

out  execution  upon  default  made  as  aforesaid.     Dated  this 

day  of ,  A.  D. . 


A.  B. 


vs 


Cognovit  in  jissurnpsif. 
In  the  Common  Pleas  of ,  county  of .  Term 


c.  b.  >    ^'^' — '^°- 

I  confess  this  action,  and  that  the  plaintiff  hath  sustained  da- 
mages to   the   arnount  of dollars,  besides  his  costs  and 

charges,  in  his  behalf,  to  be  taxed  by  the  prothonotary.  And  in 
case  I  shall  make  default  in  the  payment  of  the  sum  of dol- 
lars (being  the  debt  in  this  action),  together  with  the  said  costs  on 

the day  of next,  the  plaintiff  shall  be  at  liberty  to  enter 

up  i^gment  for  the  said  sum  of dollars  and  costs  as  afore- 

saio^and  sue  out  execution  thereon  for  the  same,  together  with 
the  amount  of  official  fees,  sherifPs  poundage,  costs  of  levying, 
and  all  other  incidental  expenses. 

And  I  do  hereby  agree  to  withdraw  the  plea  by  me  pleaded  to 
this  action,  and  undertake  not  to  bring  any  writ  of  eiTor  in  this 
cause,  or  do  any  other  matter  or  thing  whereby  the  plaintiff  may 


COMMISSION.  129 

be  delayed  in  entering  judgment,  and  suing  out  execution  upon 
default  made  as  aforesaid. 

Witness  my  hand  this day  of ,  A.  D. . 

Note. — If  the  cognovit  be  but  for  part  of  the  plaintiff's  claim, 
say: 

I  confess  that  I  owe  to  the  above-mentioned  plaintiff dol- 
lars, parcel  of  the  debt  by  him  in  his  declaration  in  this  action 
.demanded.    And  that  he  hath,  &c.,  &c. 


COMMISSION. 

If  a  party  wishes  to  procure  the  testimony  of  witnesses  beyond 
the  limits  of  the  state,  a  rule  must  be  taken  upon  interrogatories 
filed,  and  a  commission  for  that  purpose  issued.  Some  variation 
exists  in  the  rules  of  court,  in  the  several  judicial  districts  of  this 
Commonwealth,  but  the  following  will  answer  for  some  of  them, 
and  others  can  change  to  suit  their  practice.  Any  competent  per- 
son may  be  appointed  commissioner. 

Caption  to  Interrogatories  on  a  Commission. 

(  In  the  Common  Pleas  of  Chester  County,  of 
RichaTiRoe.  S      May  Term,  A.  D.  1844.    No.  12. 

Interrogatories  to  be  exhibited,  John  Jones  and  William  Burns? 
witnesses  to  be  produced,  sworn  or  affirmed,  and  examined,  on 
the  part  of  the  plaintiff,  [or  defendant,  as  the  case  may  be,]  in  the 
above  cause,  before  commissioners  to  be  named  in  a  commission  to 
be  issued  out  of  the  said  court  Ui  the of . 

Interrogatory  first. — Do  you  know  the  parties  above  named,  or 
either,  or  which  of  them  ? 

Interrogatory  second. — And  so  on. 

At  the  foot  say :  Commissioner  on  the  behalf  of  the  plaintiff, 

[or  defendant,  as  the  case  may  be,]  John  Jay,  Esq.,  of  the 

of ,  in  the  state  of . 

Caption  to  Cross  Interrogatories  to  the  same. 

Cross  interrogatories  to  be  exhibited  to  John  Jones  and  William 
Burns,  witnesses  to  be  produced,  sworn  or  affirmed,  and^sa- 
mined  on  the  part  of  the  plaintiff,  [or  defendant,  as  the  case^ay 
be,]  in  the  above  cause,  before  commissioners  to  be  named  in  a 
commission  to  be  issued  of  the  said  court  to  the  state  of . 

Cross  interrogatory  first. — Do  you  know,  &.c. 

Cross  interrogatory  second,  &c.»  &c. 

Commissioner  on  behalf  of  the  defendant  [or  plaintiff]  above 


130  COMMISSION. 

named,  John  Lyttle,  Esq.,  of  the of ,  in  the  state 

of . 


Rule  for  a  Commission. 


John  Doe 

vs 


In  the  Common  Pleas  of  Chester  County,  of 
Richarf  Roe,   ^     ^ay  Term,  1845.    No.  12. 

Enter  rule  in  the  above  case,  on  behalf  of  the for  com- 
mission to ,  of on days'  notice. 

A.  B.,  Attorney  for . 

To  W.  K.,  Prothonotary ') 

of  Chester  County.      3 

Commission  to  examine  ^Fitnesses. 

County,  ss.     The  Commonwealth  of  Pennsylvania  to 

-,  greeting : 


Know  ye  that  in  confidence  of  your  prudence  and  fidelity  we 
have  appointed  you,  and  by  these  presents  do  give  unto  you  (or 
any  two  or  three  of  you,  as  the  case  may  be),  full  power  and  autho- 
rity in  pursuance  of  an  order  made  in  our  county  court  of  Com- 
mon Pleas  in  and  for  the  county  of  Chester,  in  a  certain  cause 
there  dependmg,  where  A.  B.  is  plaintifl",  and  C.  D,  is  defendant, 
to  call  before  you  (or  any  two  of  you)  so  that  there  be  one  on  the 
part  of  the  plaintiff,  and  one  on  the  part  of  the  defendant,  at  a 
certain  day  and  place  by  you  for  that  purpose  to  be  appointed,  all 
and  every  person  and  persons  who  may  be  named  to  you  (if 
mutual  say)  as  well  on  the  part  of  the  plaintiff  as  on  the  part  of 
the  defendant,  or  either  of  them;  (if  exparte  say)  or  the  part  of 
the  said against  the  said ,  as  witnesses  in  the  said  cause. 

And  there  and  then  to  examine  each  of  the  said  witnesses  on 
their  oaths,  or  affirmations,  touching  the  premises,  and  reduce 
their  testimony  to  writing.  And  when  you  shall  have  so  done, 
you  are  to  send  the  same  before  us  in  our  county  court  of  Com- 
mon Pleas  aforesaid,  together  with  the  interrogations,  and  the 
answers  thereunto  under  the  hands  and  seals  (or  of  two  or  three 
as  the  case  may  be).  In  testimony  whereof,  we  have  caused  the 
seal  of  our  court  to  be  hereunto  affixed. 

Witness  the  Hon.  J.  P.,  President  Judge  of  the  said  court,  the 
— ^day  of ,  A.  D. . 

After  the  commission  is  issued,  the  following  are  suitable  in- 
structions to  the  commissioner  or  commissioners  for  taking  said 
depositions. 

Justices  of  the  Peace  are  alsc^  empowered  to  issue  commissions 
to  take  depositions  to  be  read  in  causes  depending  before  them. 


COMMISSION.  131 

Letter  of  Instruction  to  Commissioners. 

Westchester,  January  20,  1845. 
Sir  : — 

Herewith  you  will  receive  a  commission  issued  by  the  Court 
of  Common  PJeas  of  Chester  county,  authorizing  you  to  examine 
witnesses  in  a  certain  cause  depending  in  the  said  court,  wherein 
A.  B.  is  plaintiff,  and  C.  D.  defendant,  upon  the  interrogatories 
annexed  to  the  commission,  and  for  your  guidance  you  will  care- 
fully pursue  the  following  instructions. 

AH  the  commissioners  [if  there  be  more  than  one],  named  in 
the  commission,  shall  have  notice  of  the  time  and  place  of  execut- 
ing it.  And  if  any  of  them  do  not  act,  let  the  fact  that  they  were 
notified,  or  could  not  be  notified,  and  the  reason  of  their  not  act- 
ing, be  stated.  Having  agreed  upon  the  time  and  place  of  meet- 
ing, you  will  proceed  to  execute  the  commission  in  the  following 
manner : 

I.  The  acting  commissioner  will  examine  the  witnesses  sepa- 
rately, after  publicly  administering  to  them  the  following  oath  or 
affirmation : 

"  You  do  swear,  by  Almighty  God,  the  searcher  of  all  hearts, 
that  the  answers  which  shall  be  given  by  you  to  the  interroga- 
tories proposed  to  you,  shall  be  the  truth,  the  whole  truth,  and 
nothing  but  the  truth,  and  that  as  you  shall  answer  to  God  at  the 
great  day." 

The  oath  shall  be  administered  by  the  witness  holding  up  his 
right  hand,  or  laying  his  hand  upon  and  kissing  the  Gospels. 

Or  if  the  witness  shall  declare  that  he  has  conscientious  scru- 
ples against  taking  an  oath,  or  swearing  in  any  form,  he  shall  be 
permitted  to  make  his  affirmation  in  the  following  form :  "You 
do  solemnly,  sincerely  and  truly  declare  and  affirm,  that,  &c.," 
omitting  the  words,  "  and  that  as  you  shall  answer  to  God  at  the 
great  day,"  and  instead  say,  "  and  this  you  affirm." 

II.  The  general  style  and  title  of  the  depositions  must  be  drawn 
up  in  the  following  manner. 

"  Depositions  of  witnesses  produced,  sworn  [or  affirmed]  and 

examined,  on  the day  of ,  in  the  year  of  our  Lord  one 

thousand  eight  hundred  and  forty-four,  at  the  house  of  J.  S.,  the 

commissioner,  in  the of ,  in  the  county  of and  state 

of ,  by  virtue  of  a  commission  issuing  out  from  the  Court  of 

^tij^l- 
tiflp^s 

in  a  certain  cause  depending  in  said  court,  wherein  A.  B.  is  plain- 
tiff, and  C.  D.  is  defendant." 

"  N.  0.,  of  the  of ,  merchant,  aged  years,  or 

thereabouts,  being  produced,  sworn  [or  affirmed]  and  examined, 
on  behalf  of  the  plaintiff  A.  B.,  [or  defendant,  as  the  case  may  be,] 
deposeth  as  follows:"  »     ' 


Common  Pleas  of  the  county  of  Chester,  in  the  state  of  Penj^l- 
vania,  to  the  said  J.  S.  directed,  for  the  examination  of  witiMres 


132  COMMISSION. 

« 1.  To  the  first  interrogatory  on  the  part  of  the  said  plaintiff, 
he  answers  as  follows:"  [here  insert  the  witness's  answer.] 

«  2.  To  the  second  interrogatory  on  the  part  of  the  said  plain- 
tiff, he  answers  as  follows : "  and  so  on  throughout. 

III.  If  there  be  cross-interrogatories,  go  on  thus  : 

"1.  To  the  first  ci*oss-interrogatory  on  the  part  of  the  defendant, 
he  answers  as  follows:"  and  so  on  throughout. 

All  the  interrogatories  and  tross-interrogatories  in  the  commis- 
sion must  be  put  to  the  witness,  and  his  answer  written  out.  If 
he  cannot  answer,  let  him  say,  he  knotveth  not. 

IV.  When  the  witness  has  finished  his  deposition,  let  him  sub- 
scribe his  name  at  the  bottom  of  each  page,  and  the  acting  com- 
missioner will  certify  as  follows : 

Examination  taken,  reduced "] 
to  writing,  and  by  the  witness  j 
subscribed  and  sworn  to,  this  \- 

day  of ,  1844.  | 

J.  S.,  Commissioner.     J 

V.  If  any  papers  or  exhibits  are  produced  and  proved,  they 
must  be  annexed  to  the  depositions  in  which  they  are  referred  to, 
and  endorsed  by  the  acting  commissioner  in  this  manner : 

"  At  the  execution  of  a  commission  for  the  examination  of  wit- 
nesses between  A.  B.  plaintiff,  and  C.  D.  defendant,  this  paper 
writing  was  produced  and  shown  to  N.  0.,  and  by  him  deposed 
unto  at  the  time  of  his  examination,  and  is  the  document  referred 
to  by  him  as  the  paper  marked  B.  before 

"J.  S.,  Commissioner." 

VI.  The  acting  commissioner  will  sign  his  name  at  the  bottom 
of  each  page  of  the  depositions  and  exhibits. 

VII.  If  an  interpreter  is  employed,  the  commissioner  will  ad- 
minister to  him  the  following  oath  : 

"  You  do  swear,  by  almighty  God,  the  searcher  of  all  hearts, 
that  you  will  truly  and  faithfully  interpret  the  oath  and  interro- 
gatories to  be  administered  to  N.  0.,  a  witness  now  to  be  examined, 

out  of  the  English  language  into  the language,  and  that  you 

will  truly  and  faithfully  interpret  the  answers  of  the  said  N.  0. 

thereto,  out  of  the language  into  the  English  language,  and 

that  as  you  shall  answer  to  God  at  the  great  day." 

Let  the  deposition  be  subscribed  by  the  interpreter  as  well  as 
th^Bfitness,  and  certified  by  the  commissioner  as  follows ; 

^^amination  taken,  reduced 
to  writing,  subscribed  by  the 
witness;  and  by  the  sworn  in- 
terpreter, and  sworn  to  by  the 

witness,  this day  of 

1844,  before 

J.  S.,  Commissioner. 


COMMISSION.  133 

VIII.  Having  in  this  manner  examined  all  the  witnesses  pro- 
duced, you  will  please  fasten  the  depositions  and  exhibits  to  the 
commission,  passing  some  tape  through  and  connecting  the  whole ; 
and  you  will  then  make  the  following  endorsement  upon  the  com- 
mission ;  the  execution  of  this  appears  in  a  certain  schedule  here- 
unto annexed ;  to  which  you  will  subscribe  your  name. 

Thus  prepared  and  executed,  the  whole  must  be  folded  and 
enclosed  in  an  envelop,  sealed  with  your  seal ;  you  will  then 
write  your  name  across  or  by  the  side  of  the  seals,  and  address 
the  whole  thus:  "To  G.  H.,  Esquire,  Prothonotary  of  Chester 
County,  Westchester,  Pennsylvania,  care  of  M.  R."  Or  if  issued 
from  a  Justice's  court,  thus :  "  To  R.  P.,  Esquire,  Justice  of  the 
Peace,  Westchester,  Chester  County,  Pennsylvania." 

IX.  When  the  commission  is  thus  executed,  made  up  and 
directed,  it  must  be  returned  in  the  manner  specified  in  the  di- 
rection on  the  commission,  if  there  be  any. 

If  there  be  no  direction  on  the  commission  specifying  the  man- 
ner in  which  it  is  to  be  returned,  then  it  must  either  be  delivered 
to  the  court  by  the  commissioner  personally,  or  else  be  forwarded 
by  some  person  coming  to  this  place,  or  else  placed  in  the  nearest 
post-office. 

In  case  of  returning  the  commission  by  mail,  it  is  to  be  depo- 
sited by  the  commissioner  in  the  nearest  post-office,  he  making 
the  following  endorsement  thereon. 

"  Deposited  in  the  post-office  at this day  of , 

1844,  by  me."  J.  S.,  Commissioner. 


Interrogatories  to  Garnishee  in  Foreign  Attachment. 

A.  B.  ^      In  the  court  of  Common  Pleas  of 

vs.  > ,  county  of .    Term,  18 — . 

C.  D.,  garnisheee  of  E.  F.  )  No. .     Scire  facias  to  garnishee. 

Interrogatories  to  G.  H.,  the  garnishee  above  named. 

First. — Do  you  know  C.  D.,  of  whom  you  are  the  garnishee 
in  a  foreign  attachment,  issued  at  the  suit  of  the  above-named 
plaintiff? 

Second. — Have  you  had  any  commercial  or  other  transactions 
with  the  said  C.  D,?     If  yea,  what  was  the  state  of  your  accounts 

with  the  said  C.  D.  on  the day  of ,  A.  D. ?    Annex 

a  copy  of  each  account  to  your  answer  hereto.  ^^ 

Third.—WsiS  there  or  was  there  not  a  balance  in  your  ^Pds 

in  favour  of  the  said  C.  D.,  on  the day  of ,  A.  D. , 

or  at  any  time  since,  up  to  the  time  of  your  answering  these  inter- 
rogatories?    If  yea,  state  the  amount  particularly. 

Fourth. — Had  you  in  your  possession  any  goods  or  merchan- 
dize, money  or  effects  of  any  nature  whatever,  belonging  to  the 

M 


l54  COMMISSION. 

said  C.  D.,  on  the day  of ,  A.  D. ,  or  at  any  time 

since  ?     If  yea,  state  the  nature,  quantity  and  value  of  said  goods 
and  merchandize. 

Fifth. — Were  you  not  on  the day  of indebted  to  the 

said  C.  D.  in  some  (and  in  what)  way,  and  in  what  amount,  or 
have  you  not  since  (and  where  and  how)  became  so  indebted  ^ 


? 


Interrogatories  to  Witness  in  proceedings  for  Divorce. 

A.  B.  by  her  next  friend,  C.  D.  ^      In  the  Common  Pleas  of 

vs.  V  county,  of  Term,  A.   D. 

E.  F.  )  18—.     No. . 

Interrogatories  to  be  exhibited  to  witnesses  who  may  be  pro- 
duced^ sworn  {or  affirmed)  and  examined  on  the  part  of  the 
libellant  in  the  above  case. 

First.— J)o  you  know  the  parties,  Hbellant  and  respondent 
above-named,  or  either  of  them  ?  and  how  long  have  you  known 
them,  and  when,  and  where,  and  which  of  them  ? 

Second. — Were  you  present  at  their  marriage  ?  If  so,  when, 
wheife  and  by  whom  were  they  married  ?  Have  or  have  not  the 
respondent  and  the  libellant  lived  and  cohabited  together  as  man 
and  wife  ?  State  your  knowledge  herein  fully,  circumstantially, 
and  at  large. 

Third. — Do  you  or  do  you  not  know  whether  the  said  respond- 
ent, C.  D.,  has  wilfully  and  maliciously  deserted  and  absented 
himself  from  the  habitation  of  the  said  libellant,  A.  B.,  without 
any,  or  if  any,  what  reasonable  cause  ?  If  aye,  whether  such 
desertion  has  been  persisted  in  by  the.  said  respondent  for  the 
space  of  two  years  or  more,  or  for  any  other  and  for  what  time, 
and  whether  the  respondent  still  continues  to  persist  therein  ?  If 
the  charge  be  ill-treatment  say,  Whether  the  said  respondent,  C. 
D.,  has  or  has  not  by  cruel  and  barbarous  treatment  endangered 
the  life  of  the  said  libellant,  A.  B.,  and  has  he  or  has  he  not  offered 
such  indignities  to  her  person  as  to  render  her  condition  intolera- 
ble and  her  life  burdensome,  and  thereby  forced  her  to  withdraw 
herself  from  his  house  and  family?  If  the  charge  be  adultery 
say,  Whether  or  no  the  respondent  above-named  has  committed 
adultery  ?  If  so,  when,  where,  and  with  whom  ?  State  the  cir- 
cumstances fully  and  at  large. 

Fourth. — Do  you  know  any  thing  further  favourable  to  the 
lib^pnt  ?  If  so,  state  the  same  fully,  as  if  you  had  been  thereto 
particularly  interrogated. 


COMPOSITION.  135 


COMPOSITION. 

Composition  in  contracts,  means  an  agreement  made  upon  a 
sufficient  consideration,  between  a  debtor  and  creditor,  by  which 
the  creditor  accepts  a  part  of  the  debt  due  to  him,  in  satisfaction 
of  the  whole.     Montagu  on  Com.  1 ;  3  Co.  118;  1  Str.  426,  &c. 

General  form  of  Composition  ivith  Creditors. 

To  all  to  whom  these  presents  shall  come,  we  whose  names 
are  here  under  written  and  seals  affixed,  creditors  of  A.  B.,  of 

,  send  greeting:  Whereas  the  said  A.  B.  doth  justly  owe  and 

is  indebted  unto  us  his  said  several  creditors,  in  divers  sijiims  of 
money ;  but  by  reason  of  many  losses,  great  hindrances,  and  other 
damages  happened  unto  the  said  A.  B.,  he  is  become  utterly  un- 
able to  pay  and  satisfy  us  our  full  debts,  with  such  goods,  wares 
and  merchandizes  as  he  hath,  which  we,  the  said  creditors,  are 
unwilling  to  accept  of,  or  any  ways  to  intermeddle  with  the  same; 
and,  therefore,  we,  the  said  creditors,  have  resolved  and  agreed 
to  undergo  a  certain  loss,  and  to  accept  of  ten  cents  for  every  dol- 
lar owing  by  the  said  A.  B.  to  us,  the  several  and  respective  cre- 
ditors aforesaid,  to  be  paid  in  full  satisfaction  and  discharge  of  our 
several  and  respective  debts:  Now  know  ye,  that  we,  the  said 
creditors  of  the  said  A.  B.,  do  for  ourselves  severally  and  respect- 
ively, and  for  our  several  and  respective  heirs,  executors  and 
administrators,  covenant,  promise,  compound  and  agree,  to  and 
with  the  said  A.  B.,  his  executors  and  administrators,  and  to  and 
with  every  of  them  by  these  presents,  that  we,  the  said  several 
and  respective  executors  administrators  and  assigns,  shall  and  will 
accept,  receive  and  take  of  and  from  the  said  A.  B.,  his  executors 
and  administrators,  for  each  and  every  dollar  that  the  said  A.  B. 
doth  owe  and  is  indebted  to  us,  the  said  several  and  respective 
creditors,  the  sum  of  ten  cents,  in  full  discharge  and  satisfaction 
of  the  several  debts  and  sums  of  money  that  the  said  A.  B.  doth 
owe  and  stands  indebted  untq  us,  the  said  creditors  respectively; 
so  that  the  said  sum  of  ten  cents  to  be  paid  for  each  and  every 
dollar  that  the  said  A.  B.  doth  owe  and  standeth  indebted  unto  us 
the  said  several  and  respective  creditors,  be  paid  unto  us,  the  said 
several  and  respective  creditors,  our  several  and  respective  execu- 
tors, administrators  or  assigns,  within  the  time  or  space  o|fcix 
months  next  after  the  date  of  these  presents:  And  we,  the^id 
several  and  respective  creditors,  do  severally  and  respectively,  for 
ourselves,  our  several  and  respective  heirs,  executors,  administra- 
tors and  assigns,  covenant,  grant,  promise  and  agree,  to  and  with 
the  said  A.  B.,  his  executors  and  administrators,  that  he,  the  said 
A.  B,,  his  executors,  administrators  and  assigns,  shall  and  may. 


i§6  COMPOSITION. 

from  time  to  time,  and  at  all  times  within  the  said  term  or  space 
of  six  months  next  ensuing  the  date  hereof,  assign,  sell,  or  other- 
wise dispose  of  his  said  goods  and  chattels,  wares  and  merchan- 
dizes, at  his  and  their  own  free  will  and  pleasure,  for  and  towards 
the  payment  and  satisfaction  of  the  said  ten  cents  for  every  dollar 
the  said  A.  B.  doth  owe  and  is  indebted  as  aforesaid,  unto  us,  the 
said  respective  creditors:  And  that  neither  we,  the  said  several 
and  respective  creditors,  or  any  of  us,  nor  the  executors,  adminis- 
trators, or  assigns  of  us,  or  any  of  us,  shall  or  will,  at  any  time 
or  times  hereafter,  sue,  arrest,  molest,  trouble,  imprison,  attach  or 
condemn  the  said  A.  B.,  his  executors  or  administrators,  or  his  or 
their  goods  and  chattels,  for  any  debt  or  other  thing  now  due  and 
owing  to  us,  or  any  of  us,  his  respective  creditors  aforesaid,  so  as 
the  said  A.  B.,  his  executors  or  administrators,  do  well  and  truly 
pay,  or  cause  to  be  paid  unto  us,  his  said  several  and  respective 
creditors,  the  said  sum  of  ten  cents  for  every  dollar  he  doth  owe 
and  standeth  indebted  unto  us  respectively  within  the  said  time  or 
space  of  six  months  next  ensuing  the  date  hereof  In  witness 
whereof,  the  parties  to  these  presents  have  hereunto  set  their 
hands  and  seals,  the  tenth  day  of  December,  A.  D.  one  thousand 
eight  hundred  and  forty-four. 


A.  B. 


C.  D. 


E.  F. 


G.  H. 


^     *5  Deed  of  Composition  of  Debts  by  Partners. 

^ro  all  to  whom  these  presents  shall  come;  we  whose  names 
and  seals  are  hereunto  subscribed  and  set,  creditors  of  R.  C.  and 
C.  R.,  of  Harrisburg,  send  greeting : 

Whereas  the  said  R.  C.  and  C.  are,  and  do  stand  jointly  in- 
debted unto  us,  the  said  creditors,  in  divers  suras  of  money,  which 


CONDITIONS  OF  SALE.  137 

they  are  willing  to  satisfy  and  pay  as  far  as  they  are  able :  Now 
know  ye,  that  we,  the  said  creditors  who  have  hereto  subscribed 
our  names  and  affixed  our  seals,  finding  that  the  said  R.  C.  and  C. 
R.  are  by  losses  and  otherwise  disabled  to  pay  our  full  debts,  do 
severally  and  respectively  agree,  and  bind  ourselves,  our  heirs, 
executors  and  administrators  unto  the  said  R.  C.  and  C.  R.  by 
these  presents,  to  accept  and  take  of  them,  the  said  R,  C.  and  C. 
R.,  their  executors  or  administrators,  after  the  proportion  or  rate 

of cents  in  the  dollar,  in  full  satisfaction  of  all  such  debts  and 

sums  of  money  as  they  jointly  owe  to  us  and  every  of  us  respect- 
ively, the  same  to  be  paid  at  four  equal  payments  on  the  days 

following,  that  is  to  say,  the day  of ,  &c ,  so  as  the  said 

R.  C.  and  C.  R.  (for  the  more  sure  and  better  payment  of  the 
several  sums  of  money  aforesaid,  in  recompense  and  satisfaction 
of  our  and  every  of  our  said  several  debts  as  aforesaid),  their  exe- 
cutors or  administrators,  do  before  the day  of become 

jointly  and  severally  bound,  with  sufficient  sureties  unto  us  and 
every  of  us  respectively  by  obligation  in  due  form  of  law  to  be 
made,  sealed  and  delivered  to  each  and  every  of  us,  and  to  each 
and  every  of  our  use  and  uses,  by  the  appointment  of  us,  and 
each  of  us. 

-Provided,  always,  that  neither  these  presents  nor  any  thing 
herein  contained,  shall  bind  us,  any  or  either  of  us,  who  have 
hereunto  subscribed  our  names  and  put  our  seals,  unless  all  and 
every  of  the  creditors  aforesaid  shall  have  sealed  and  executed 

the  same ,  on  or  before  the  day  of next  ensuing. 

In  witness,  &c. 


CONDITIONS  OF  SALE. 

Conditions  of  sale,  are  the  terms  upon  which  the  vendor  of  pro- 
perty by  auction,  proposes  to  sell  it;  the  instrument  containing 
these  terms,  when  reduced  to  writing  or  printing,  is  also  called  the 
conditions  of  sale. 

It  is  always  prudent  and  advisable,  that  the  conditions  of  sale 
should  be  printed  and  put  up  in  a  conspicuous  part  of  the  auction 
room.  When  the  terms  are  fully  exposed,  they  are  binding  on 
both  parties,  and  nothing  that  was  said  at  the  time  of  sale,  to  add 
to  or  to  vary  such  printed  conditions,  will  be  of  any  avail.  1  H. 
Bl.  289;  12  East,  6;  6  Ves.  330;  15  Ves.  521.  Babington  on 
Auctions,  233  to  243.  ^ 


Conditions  of  Sale  of  Lands. 
The  conditions  of  the  present  sale  of  the  property  of  A.  B.  in 


J38  CONDITIONS  OF  SALE. 

the  township  of  Franklin,  and  county  of  Erie,  are  as  follows,  to 
wit: 

1.  That  the  highest  bidder  shall  be  declared  the  purchaser,  and 
if  dispute  shall  arise  between  two  or  more  bidders,  the  estate 
shall  be  immediately  put  up  again. 

2.  That  no  person  shall  advance  at  any  one  bidding,  less  than 
dollars,  or  retract  his  or  her  bidding. 

3.  That  the  purchaser  shall  pay  immediately  after  the  sale,  to 

the  seller,  [or  auctioneer,  as  the  case  may  be,]  a  deposit  of 

dollars,  in  part  of  the  purchase-money,  and  sign  an  agreement  for 

the  payment  of  the  remainder,  on  or  before  the day  of , 

1845,  upon  having  a  good  title  made  to  him. 

4.  The  purchaser  shall  have  a  proper  conveyance,  at  his  own 
expense,  on  payment  of  the  remainder  of  the  purchase-money,  and 
possession  will  be  given  on  completion  of  the  purchase,  [of  such 
part  as  is  in  hand,]  and  the  purchaser  will  be  entitled  to  the  rents 

and  profits,  from  the day  of ,  A.  D. .    But  if,  from 

any  cause,  the  remainder  of  the  purchase-money  shall  not  be  paid 

on  the day  of ,  the  purchaser  shall  pay  interest  for  the 

same,  at  the  rate  of  six  per  cent,  per  annum,  from  that  day  to  the 
day  of  payment ;  but,  nevertheless,  this  stipulation  to  be  without 
prejudice  to  the  vendor's  right  to  insist  on  the  performance  of  this 
condition. 

5.  That  all  attested  copies  of  deeds  that  shall  be  required  by 
the  purchaser,  shall  be  prepared  at  his  own  expense. 

Lastly.  Upon  failure  of  complying  with  the  above  conditions, 
the  money  deposited  shall,  at  the  expiration  of  the  time  before 
limited,  become  forfeited  to  the  vendor,  who  then  shall  be  at  full 
liberty,  with  or  without  notice,  to  resell  the  estate;  and  if  on  such 
resale,  there  should  be  any  deficiency,  the  purchaser  at  this  sale 
neglecting  to  comply  with  these  conditions,  shall  make  good  such 
deficiency  to  the  vendor,  and  all  expenses  attending  such  resale. 
[Add,  if  thought  needful :  "  But  in  case  the  vendor  cannot  make 
out  a  good  title,  the  deposit  money  shall  be  returned  by  the  ven- 
dor to  the  purchaser,  with  interest  for  the  same,  from  the  day  of 
payment,  to  the  day  of  repayment  thereof."] 

Jigreement  following  Conditions. 

It  is  hereby  declared  and  agreed,  by  and  between  A.  B.,  the 
vendor  of  the  estate  mentioned  in  the  above  conditions,  and  C. 
D.|jthe  purchaser,  that  the  said  C.  D.  has  become  the  purchaser  of 

the  premises  so  sold,  at  the  sum  of ,  and  that  the  sum  of 

has  been  paid  down  by  the  said  C.  D.  to  the  said  A.  B.  by 

way  of  deposit,  and  in  part  of  the  said  purchase-money.  And 
that  the  said  conditions  of  sale  shall  be  taken  as  the  terms  of 
agreement  for  the  said  sale  and  purchase,  respectively,  and  be 
observed  and  fulfilled  by  the  said  A.  B.  and  C.  I),  respectively,  in 


CONDITIONS  OF  SALE.  *  139 

all  things.     As  witness  their  hands,  this  tenth  day  of  December, 
A.  D.  1844.  A.  B.,  Vendor. 

C.  D.,  Purchaser. 
Witnesses, 
E.  F. 
.      G.  H. 


Receipt  at  the  foot  of  Conditions. 
Received  of  C.  D.  of,  &c.,  being  the  purchaser  of  the  premises 

mentioned  in  the  foregoing  conditions,  the  sum  of dollars, 

as  the  deposit,  and  in  part  of  the  purchase-money  for  the  said 
premises,  subject  to  the  conditions  of  sale,  before  stated.  Wit- 
ness my  hand,  &c. 

Form  of  a  Vendue  Article. 

The  conditions  of  the  present  sale,  held  at  Strasburg  in  the 
county  of  Lancaster,  are  as  follows,  to  wit : 

1.  The  highest  and  best  bidder  shall  be  deemed  the  purchaser. 

2.  All  purchases,  taken  singly,  which  do  not  amount  to  —  dol- 
lars, to  be  cash. 

3.  One  or  more  purchases,  which  amount  to dollars  each, 

and  upwards,  shall  be  entitled  to days'  credit,  provided 

notes,  with  approved  security,  be  given  for  the  amount  thereof. 

4.  No  cash  goods  to  be  removed,  until  first  paid  for. 

5.  No  goods,  which  entitl^  the  purchaser  to  credit,  can  be  re- 
moved, until  notes,  as  aforesaid,  be  first  given. 

6.  Any  person  or  persons  purchasing  goods  at  the  present  sale, 
who  do  not  comply  with  these  conditions,  must  give  up  the  goods 
before  the  sale  is  over,  and  stand  gainer  or  loser  (as  the  case  may 
be)  on  exposing  them  to  sale  a  second  time. 

Given  under  my  hand,  this  tenth  day  of  December,  A.  D.  1844. 

A.  B. 

%^nother. 

The  conditions  of  sale  of  certain  goods,  sold  by  Public  Vendue, 
by  the  subscriber,  executor  of  the  estate  of  C.  D.  deceased,  are  as 
follows,  to  wit : 

1 .  The  highest  and  best  bidder  shall  be  deemed  the  purchaser. 

2.  Any  person  buying  an  article  or  articles,  at  the  present  Ven- 
due, to  the  amount  of dollars,  and  upwards,  shall  be  entitled 

to days'  credit,  by  giving  a  note,  with  approved  security  (if 

required)  for  the  amount,  before  the  goods  be  removed. 

3.  All  purchases,  taken  collectively,  which  do  not  amount  to 
dollars,  must  be  paid  for  before  the  removal  of  the  goods. 

4.  Any  person  or  persons  who  may  purchase  goods  at  the  pre- 
sent sale,  must  either  keep  the  goods,  subject  to  the  above  restric- 


140  DEEDS. 

tions,  or  return  them  before  the  sale  is  adjourned,  and  be  gainer 
or  loser  by  a  second  sale,  (as  the  case  may  be). 

Given  under  my  hand,  this  tenth  day  of  December,  A.  D.  1844. 

A.  B. 


DEEDS. 

Remarks. 

Several  things  are  essential  to  a  deed,  viz :  Writing  on  paper 
or  parchment ;  signing  and  sealing,  and  delivery. 

A  written  or  printed  seal  is  good  in  Pennsylvania.  It  is  also 
required,  that  in  every  deed  there  be  persons  able  to  contract  and 
be  contracted  with,  for  the  purpose  intended  by  the  deed ;  and 
also,  a  thing  or  subject-matter  to  be  contracted  for ;  all  of  which 
must  be  expressed  by  sufficient  names  and  terms.  The  consi- 
deration may  be  either  a  good  or  a  valuable  one.  A  good  con- 
sideration is  such  as  that  of  blood,  or  natural  love  and  affection, 
as  when  a  man  grants  an  estate  to  a  near  relation  ;  being  founded 
on  motives  of  generosity,  prudence  or  natural  duty. 

A  valuable  consideration  is  such  as  money,  marriage  or  the 
like,  which  the  law  esteems  an  equivalent  given  for  the  grant,  and 
is  therefore  founded  in  motives  of  justice.  Deeds  made  upon  good 
consideration  only,  are  considered  as  merely  voluntary,  and  are 
frequently  set  aside  in  favour  of  creditors  and  bona  fide  pur- 
chasers.    2d  vol.  Blackstone,  chap.  20,  p.  297. 

When  a  deed  has  been  acknowledged  before  a  magistrate,  ap- 
pointed by  law  to  take  and  certify  tne  acknowledgment,  in  order 
that  the  deed  may  be  recorded,  the  parties  have  no  right  to  make 
the  most  trifling  alteration.  Moore  vs.  Brickham  et  al.,  4  Binn.  1. 

If  a  deed  be  altered  after  delivery,  the  alteration  destroys  the 
deed  as  to  the  party  who  altered  it,  but  does  not  destroy  the  estate. 
If  it  contains  covenants,  the  party  altering  it  loses  all  remedy  upon 
them,  but  the  title  is  not  divested.  Withers  vs.  Atkinson,  1  Watts, 
236. 

All  writings,  sealed  and  delivered,  are  in  law  deeds;  but  in 
common  acceptation,  a  deed  is  a  conveyance  of  land. 

If  the  grantor  have  a  wife,  she  must  sign  and  acknowledge  the 
deed,  in  accordance  with  that  kind  of  acknowledgment  inserted 
for  husband  and  wife ;  otherwise  she  may,  after  the  death  of  her 
husband,  claim  her  dower,  or  the  use  of  one-third,  diu'ing  her 
natural  life.  An  interlineation,  if  made  after  the  execution  of  the 
deed,  will  avoid  it,  though  in  an  immaterial  point ;  nor  is  it  pre- 
sumed to  have  been  made  before  ;  the  presumption  is  the  con- 
trary, unless  otherwise  proved.  Morris  vs.  Vanderen,  1  Dal.  67. 
Prevost  vs.  Gratz,  1  P.  C.  C.  369. 

If  a  deed  should  be  interlined,  or  a  word  erased,  let  a  note  be 
made  of  it,  and  witnessed  by  the  witnesses.  For  which  see  "  at- 
testation." 


DEEDS.  141 


Common  Form,  of  a  Deed. 

*  This  indenture,  made  the  first  day  of  January,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  forty-five,  between 
John  Jones,  of  the  city  of  Pittsburgh,  in  the  state  of  Pennsylvania, 
iron-monger,  and  Mary  his  wife,  of  the  one  part,  and  William 
Burns,  of  Birmingham,  in  the  county  of  Allegheny,  and  state 
aforesaid,  of  the  other  part,  t  Witnesseth,  that  the  said  John 
Jones  and  Mary,  his  wife,  for  and  in  consideration  of  the  sum  of 
six  hundred  dollars,  to  them  in  hand  paid  by  the  said  William 
Burns,  at  and  before  the  ensealing  and  delivering  hereof,  the  receipt 
whereof  they  do  hereby  acknowledge,  and  thereof  acquit  and 
forever  discharge  the  said  William  Burns,  his  heirs,  executors  and 
administrators,  have  granted,  bargained,  sold,  aliened,  released 
and  confirmed,  and  by  these  presents,  do  grant,  bargain,  sell, 
alien,  release  and  confirm  unto  the  said  William  Burns,  and  to 
his  heirs  and  assigns,  all  that  certain  messuage  or  tenement  and 
tract  of  land,  situated  in  Fayette  township,  in  the  county  of  Alle- 
gheny and  state  aforesaid,  bounded  as  follows,  viz :  Beginning  at 
a  birch,  thence  by  land  of  Samuel  Stone,  south  one  hundred 
perches  to  a  beech,  thence  by  land  of  Thomas  Brown,  east  eighty 
perches  to  a  post,  thence  by  land  of  same,  north  one  hundred 
perches  to  a  sugar-tree,  thence  by  land  of  Charles  Dean,  west 
eighty  perches  to  the  place  of  beginning,  containing  fifty  acres, 
neat  measure.  ±  It  being  the  same  premises,  [or  part  of  the 
same]  which  Richard  Rice,  and  Mary  his  wife,  by  Indenture 
bearing  date  the  tenth  day  of  June,  A.  D.  one  thousand  eight  hun- 
dred and  thirty-two,  for  the  consideration  therein  mentioned,  did 
grant  and  confirm  unto  the  said  John  Jones  (party  hereto),  his 
heirs  and  assigns  forever ;  as  in  and  by  the  said  in  part  recited 
indenture,  recorded  in  the  office  for  recording  of  deeds,  at  Pitts- 
burgh, in  and  for  the  county  of  Allegheny,  in  Deed  Book  M.,  vol. 
2,  page  341,  &c.,  relation  being  thereunto  had,  more  fully  and  at 
large,  appears,  [Here  may  be  inserted  the  whole  chain  of  title, 
which  is  not  actually  required,  but  desirable.]  Together  with  all 
and  singular,  other  the  houses,  out-houses,  buildings,  barns,  sta- 
bles, ways,  woods,  waters,  water-conrses,  rights,  liberties,  privi- 
leges, hereditaments  and  appurtenances,  whatsoever  thereunto 
belonging,  or  in  any-wise  appertaining,  and  the  reversions  and 
remainders,  rents,  issues  and  profits  thereof;  and  also,  all  the 
estate,  right,  title,  interest,  property,  claim  and  demand  whatso- 
ever, of  them,  the  said  John  Jones,  and  Mary  his  wife,  in  law,  or 
equity,  or  otherwise  howsoever,  of,  in,  to,  or  out  of  the  same. 

*  This  part  of  the  deed  is  called  the  premises,  and  may  be  enlarged  if  necessary. 
■\  This  part  is  called  the  testatum,  which  is  followed  by  a  description  of  the 
estate  conveyed. 

i:  This  is  the  recital,  containing  a  general  exposition  of  the  chain  of  former  titles. 


142  DEEDS. 

*  To  have  and  to  hold  the  said  messuage  or  tenement  and 
tract  of  fifty  acres  of  land,  hereditaments  and  premises,  hereby 
granted  or  mentioned,  or  intended  so  to  be,  with  the  appurte- 
nances, unto  the  said  William  Burns,  his  heirs  and  assigns,  to  the 
only  proper  use  and  behoof  of  the  said  William  Burns,  his  heirs 
and  assigns  forever,  t  And  the  said  John  Jones,  and  Mary 
his  wife,  for  themselves,  their  heirs,  executors  and  administrators, 
do  covenant,  promise,  grant  and  agree,  to  and  with  the  said  Wil- 
liam Burns,  his  heirs  and  assigns,  by  these  presents,  that  they, 
the  said  John  Jones,  and  Mary  his  wife,  and  their  heirs,  the  said 
above-mentioned  and  described  messuage  or  tenement,  and  tract 
or  piece  of  land,  hereditaments  and  premises,  hereby  granted,  or 
mentioned,  or  intended  so  to  be,  with  the  appurtenances,  unto  the 
said  William  Burns,  his  heirs  and  assigns,  against  him,  the  said 
John  Jones  and  his  heirs,  and  against  all  and  every  other  person 
and  persons  whomsoever,  lawfully  claiming  or  to  claim  the  same 
or  any  part  or  parcel  thereof,  [J  by,  from  or  under  them,  or  any 
of  them,]  shall  and  will  warrant  and  forever  defend,  by  these 
presents. 

In  witness  whereof,  the  said  parties  to  these  presents  have  here- 
unto set  their  hands  and  seals,  dated  the  day  and  year  first  above 
written. 

Signed,  sealed  and  delivered  } 
in  presence  of  5 

James  Bond. 


JOHN  JONES. 


MARY  JONES.     „.^, 

Allegheny  County,  ss. 

Before  me,  the  subscriber,  one  of  the  Justices  of  the  Peace  in 
and  for  the  said  county,  personally  came  the  above-named  John 
Jones  and  Mary  his  wife,  who  in  due  form  of  law  acknowledged 
the  above  indenture  to  be  their  act  and  deed,  and  desired  that  the 
same  might  be  recorded  as  such.  The  said  Mary,  being  of  full 
age,  and  by  me  duly  examined  separate  and  apart  from  her  said 
husband,  and  the  contents  of  the  foregoing  indenture  being  first 
made  fully  known  to  her,  declared  that  she  did  voluntarily,  and 
of  her  own  free  will  and  accord,  seal,  and  as  her  act  and  deed, 

•  This  is  called  the  habendum,  which  defines  the  limits  of  the  estate, 
f  This  part  is  called  the  warranty,  and  may  be  varied  in  its  form  and  extent. 
i  This,  leaving  out  the  words  in  brackets,  is  &  general  warranty,  and  the  words 
included  in  brackets,  if  retained,  makes  it  a  special  warranty. 


#  DEEDS.  143 

deliver,  the  same  without  any  coercion  or  compulsion  of  her  said 
husband.  In  testimony  whereof,  I  have  hereunto  set  my  hand 
>uid  seal,  this  first  day  of  January,  A.  D.  one  thousand  eight  hun- 
;jred  and  forty-five. 


Deed  with  full  Covenants. 

This  indenture,  made  the  tenth  day  of  January,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  forty-five,  between 
John  Jones,  of  Concord,  in  the  county  of  Erie  and  state  of  Penn- 
sylvania, of  the  one  part,  and  William  Burns,  of  the  same  place, 
of  the  other  part ;  Witnesseth,  that  the  said  John  Jones,  for  and 
in  consideration  of  the  sum  of  five  hundred  dollars,  lawful  money 
of  the  United  States,  to  him  in  hand  paid  by  the  said  William 
Burns,  at  and  before  the  ensealing  and  delivering  hereof,  the  re- 
ceipt whereof  he  doth  hereby  acknowledge,  and  thereof  acquit 
and  forever  discharge  the  said  William  Burns,  his  heirs,  execu- 
tors and  administrators,  by  these  presents,  have  granted,  bargained, 
sold,  aliened,  released  and  confirmed,  and  by  these  presents  doth 
grant,  bargain,  sell,  alien,  release  and  confirm,  unto  the  said  Wil- 
liam Burns,  and  to  his  heirs  and  assigns,  all  that  certain  messuage 
or  tenement,  and  tract  of  land  situate,  &c.,  [Aere  describe  the  pre- 
mises and  recite  former  titles.']  Together  with  all  and  singular 
the  houses,  out-houses,  buildings,  barns,  stables,  ways,  woods, 
waters,  water-courses,  rights,  liberties,  privileges,  hereditaments 
and  appurtenances,  whatsoever  thereunto  belonging,  or  in  any- 
wise appertaining,  and  the  reversions  and  remainders,  rents,  issues 
and  profits  thereof;  and  also,  all  the  estate,  right,  title,  interest, 
claim  and  demand  whatsoever  of  him,  the  said  John  Jones,  in 
law  or  equity,  or  otherwise  howsoever,  of,  in,  to,  o^  out  of  the 
same. 

To  have  and  to  hold  the  same,  with  the  appurtenances,  unto 
the  said  William  Burns,  and  to  his  heirs  and  assigns,  in  fee  sim- 
ple forever.  And  he,  the  said  John  Jones,  for  himself,  his  heirs, 
executors  and  administrators,  doth  hereby  covenant,  promise  and 
agree,  to  and  with  the  said  William  Burns,  and  his  heirs  and 
assigns,  that  he,  the  said  John  Jones,  is  now  the  ownei^of  the  said 
premises,  and  is  seised  of  a  good  and  indefeasible  estate  of  inherit- 
ance therein,  and  that  he  hath  full  right  and  power  to  sell  and 
convey  the  same  in  fee  simple  absolute ;  that  the  said  premises 
are  free  and  clear  of  all  incumbrances ;  that  the  said  William 
Burns,  his  heirs  and  assigns,  may  forever  hereafter  have,  hold, 
possess  and  enjoy  the  same,  without  any  suit,  molestation  or  in- 
terruption, by  any  person  whatsoever,  lawfully  claiming  any  right 
therein ;  and  that  he,  the  said  John  Jones,  and  all  persons  hereafter 


* 


144 


DEEDS, 


claiming  under  hiin,  will  at  any  time  hereafter,  at  the  request  and 
expense  of  the  said  William  Burns,  his  heirs  or  assigns,  make  all 
such  further  assurances  for  the  more  effectual  conveying  of  the 
said  premises,  with  the  appurtenances,  as  may  be  reasonably 
required  by  him  or  them  :  And  that  he,  the  said  John  Jones,  and 
his  heirs,  will  warrant  and  defend  the  said  premises,  with  the 
appurtenances,  unto  the  said  William  Burns,  and  his  heirs  and 
assigns  forever. 

In  witness  whereof,  the  said  party  of  the  first  part  hath  here- 
unto set  his  hand  and  seal,  the  day  and  year  first  above  written. 

Sealed  and  delivered  in 
presence  of 

James  Stiles. 


JOHN  JONES. 


Deed  by  attorney. 


This  indenture,  made  the 


day  of ,  in  the  year  of  our 


Lord  one  thousand  eight  hundred  and  forty-five,  between  Samuel 
Lewis,  of  the  city  of  Pittsburgh,  and  Mary,  his  wife,  of  the  first 
part,  by  James  Langdon,  their  attorney  in  fact,  specially  consti- 
tuted by  pow«r  of  attorney  bearing  date  the day  of , 

A.  D.  1 844,  and  recorded  in  the  office  for  recording  deeds  in  and 

for  the  county  of ,  in  deed  book  0,  page  244,  reference  being 

thereunto  had,  appears,  and  John  Jones,  of  the  borough  of  Erie, 
in  the  County  of  Erie  and  State  of  Pennsylvania,  of  the  second 
part,  witnesseth,  &c.,  [as  in  the  common  form,  and  conclude  as 
follows.]  In  witness  whereof,  the  said  party  of  the  first  part,  by 
James  Langdon,  their  attorney-in-fact,  have  hereunto  set  their 
hands  and  seals  the  day  and  year  first  above  written. 

Sealed  and  delivered  in     ^ 
presence  of  5 

James  Stiles. 

SAMUEL  LEWIS. 


MARY  LEWIS. 


By  their  »^ttorney, 

JAMES  LANGDON. 


DEEDS.  145 


A  Deed  without  Covenants. 

This  indenture,  made  the  tenth  day  of  January,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  forty-five,  between  A. 
B.,  of,  &c.,  of  the  first  part-,  and  C.  D.,  of,  &c.,  of  the  second  part, 
Witnesseth,  that  the  said  party  of  the  first  part,  for  and  in  con- 
sideration of  the  sum  of  fifty  dollars,  to  him  in  hand  paid  by  the 
said  party  of  the  second  part,  the  receipt  whereof  is  hereby  ac- 
knowledged, hath  bargained  and  sold,  and  by  these  presents  doth 
bargain  and  sell,  unto  the  said  party  of  the  second  part,  and  to  his 
heirs  and  assigns  forever,  all,  &c.  [Here  describe  the  property.'\ 
Together  with  all  and  singular,  the  hereditaments  and  appurte- 
nances thereunto  belonging,  or  in  any  wise  appertaining ;  and  the 
reversion  and  reversions,  remainder  and  remainders,  rents,  issues 
and  profits  thereof;  and  also,  all  the  estate,  right,  title,  interest, 
.claim  or  demand,  whatsoever  of  him,  the  said  party  of  the  first 
part,  either  in  law  or  equity,  of,  in  and  to,  the  above  bargained 
premises,  and  every  part  and  parcel  thereof:  To  have  and  to  hold 
to  the  said  party  of  the  second  part,  his  heirs  and  assigns,  to  the 
sole  and  only  proper  use,  benefit  and  behoof  of  the  said  party  of 
the  second  part,  his  heirs  and  assigns  forever.     In  witness,  &c. 

Quit  Claim  Deed. 

Know  all  men  by  these  presents,  that  I,  John  Jones,  of  the 
borough  of  Reading,  in  the  County  of  lierks,  and  State  of  Penn- 
sylvania, for  and  in  consideration  of  the  sum  of  one  thousand  dol- 
lars, to  me  in  hand  paid,  or  secured  to  be  paid,  by  William  Burns, 
of  the  city  of  Lancaster,  and  state  aforesaid,  the  receipt  whereof 
is  hereby  acknowledged,  hath  granted,  bargained,  sold,  remised 
and  quit  claimed,  and  by  these  presents  doth  grant,  bargain,  sell, 
remise  and  quit  claim,  unto  the  said  William  Burns,  and  to  his 
heirs  and  assigns  forever,  all  that,  &c.  [Here  describe  the  premises.] 

Together  with  all  and  singular  the  hereditaments  and  appurte- 
nances thereunto  belonging,  or  in  any  wise  appertaining,  and  the 
reversions,  remainders,  rents,  issues  and  profits  thereof;  and  all 
the  estate,  right,  title,  interest,  claim  or  demand  whatsoever,  of 
me,  the  said  John  Jones,  either  in  law  or  equity,  of,  in  and  to  the 
above  bargained  premises : 

To  have  and  to  hold  the  same  to  the  said  William  Burns,  and 
to  his  heirs  and  assigns  forever.     In  witness  whereof,  &c. 


Deed  by  Executors. 

This  indenture,  made  the  second  day  of  October,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  forty-four,  between 
Abraham  Brown  and  Charles  Davis,  of,  &c.,  executors  of  the  last 


p 


146  DEEDS. 

will  and  testament  of  Edward  Fraley,late  of,  &c.,  of  the  one  part, 
and  George  Hughes,  of,  &c.,  of  the  other  part :  Wliereas  the  said 
Edward  Fraley,  by  virtue  of  divers  good  conveyances  and  assur- 
ances in  law,  duly  had  and  executed,  became  in  his  lifetime  seised 
in  his  demesne  as  of  fee  (amongst  other  lands),  of  and  in  a  certain 
messuage  or  tenement  and  tract  of  land,  situate  in  the  township 
of  Moyamensing,  in  the  county  of  Philadelphia  aforesaid,  contain- 
ing one  hundred  acres,  be  the  same  more  or  less,  and  being  so 
thereof  seised,  made  his  last  will  and  testament  in  writing,  bear- 
ing date  the  fourth  day  of  May,  A.  D.  one  thousand  eight  hun- 
dred and  forty-three,  wherein  and  whereby,  amongst  other  things, 
he  ordered  that  the  whole  of  his  real  estate  should  be  sold  by  his 
executors  thereinafter  named,  of  which  said  will  he  appointed 
Abraham  Brown  and  Charles  Davis  executors,  as  in  and  by  the 
said  recited  will,  since  his  decease  duly  proved,  and  remaining  in 
the  register's  office  at  Louisville,  recourse  being  thereunto  had, 
appears.  Now  this  indenture  witnesseth,  that  the  said  Abraham 
Brown  and  Charles  Davis,  executors  as  aforesaid,  for  and  in  con- 
sideration of  the  sum  of  two  thousand  dollars,  to  them  in  hand 
paid  by  the  said  George  HughefS,  at  and  before  the  sealing  and 
delivery  hereof,  the  receipt  whereof  is  hereby  acknowledged,  have 
granted,  bargained,  sold,  aliened,  released  and  confirmed,  and  by 
these  presents,  by  force  and  virtue  of  the  said  last  recited  will,  do 
grant,  bargain,  sell,  alien,  release  and  confirm  unto  the  said  George 
Hughes,  all  that  above-mentioned  and  described  messuage,  &c., 
bounded  and  described  as  follows :  Beginning,  &c.,  [here  describe 
the  premises.] 

Together  with  all  and  singular  the  houses,  out-houses,  buildings, 
barns,  stables,  ways,  woods,  waters,  water-courses,  rights,  liber- 
ties, privileges,  hereditaments  and  appurtenances  w.hatsoever  there- 
unto belonging  or  in  any  wise  appertaining,  and  the  reversions 
and  remainders,  rents,  issues  and  profits  thereof:  And  also  all  the 
estate,  right,  title,  interest,  property,  claim  and  demand  whatsoever 
of  the  said  Edward  Fraley,  at  and  immediately  before  the  time  of 
his  decease,  in  law  or  equity,  or  otherwise  howsoever,  of,  in,  to 
or  out  of  the  same.  To  have  and  to  hold  the  said  messuage  or 
tenement  and  tract  of  one  hundi'ed  acres  of  land,  hereditaments 
and  premises  hereby  granted  or  mentioned,  or  intended  so  to  be, 
with  the  appurtenances,  unto  the  said  George  Hughes,  his  heirs 
and  assigns,  to  the  only  proper  use  and  behoof  of  the  said  George 
Hughes,  his  heirs  and  assigns  forever.  And  the  said  Abraham 
Brown  and  Charles  Davis,  executors  aforesaid,  for  themselves, 
their  heirs,  executors  and  administrators,  do  severally  and  not 
jointly,  nor  the  one  for  the  other,  or  for  the  act  or  deed  of  the 
other,  but  each  for  his  own  acts  only,  covenant,  promise,  grant 
and  agree,  to  and  with  the  said  George  Hughes,  his  heirs  and 
assigns,  by  these  presents,  that  they,  the  said  Abraham  Brown 
and  Charles  Davis,  have  not  heretofore  done  or  committed  any 


DEEDS.  147 

act,  matter  or  thing  whatsoever,  whereby  the  premises  hereby- 
granted,  or  any  part  thereof,  is,  are  or  shall  or  may  be  impeached, 
charged  or  encumbered,  hi  title,  charge,  estate  or  otherwise  how- 
soever.    In  witness  whereof,  &c. 

(Cr*  This  covenant  is  generally  inserted  in  deeds  given  by  exe- 
cutors. # 


Deed  hy  Executors  under  a  special  authority  in  a  Will. 

To  all  persons  to  whom  these  presents  shall  come,  we.  A;  B., 

C.  D.  and  E.  F.,  of ,  executors  of  the  last  will  and  testament 

of  G.  H.,  late  of ,  deceased,  send  greeting.     Whereas  the 

said  G.  H.,  to  enable  his  executors  to  make  an  equal  division  of 
his  estate,  according  to  his  said  will,  did  therein  and  thereby  au- 
thorize them  to  make  sale  of,  and  convey  all  his  real  estate,  either 
at  public  or  private  sale,  as  to  them  should  seem  meet,  and  to 
make  good  and  sufficient  deeds  of  bargain  and  sale  thereof,  to  the 
purchasers  and  their  heirs  and  assigns,  and  in  and  by  the  said 
will  did  appoint  us,  the  said  A.  B.,  C.  D.  and  E.  F.,  executors 
thereof 

Now  know  ye,  that  by  virtue  of  the  power  and  authority  afore- 
said, and  in  consideration  of  the  sum  of ,  to  us  paid  by  K.  L. 

and  M.  N.,  of ,  the  receipt  ^hereof  we  do  hereby  acknow- 
ledge, we  have  granted,  bargained,  sold  and  conveyed,  and  do 
hereby  grant,  bargain,  sell  and  convey  to  the  said  K.  L.  and  M. 
N.,  their  heirs  and  assigns  forever,  a  certain  parcel  of  land,  situ- 
ate, &c.  To  have  and  to  hold  the  granted  premises  to  the  said 
K.  L.  and  M.  N.,  their  heirs  and  assigns,  as  tenants  in  common, 
and  not  as  joint  tenants.  And  we,  the  said  A.  B.,  C.  D.  and  E. 
F.,  for  ourselves,  our  heirs,  executors  and  administrators,  cove- 
nant with  the  said  K.  L.  and  M.  N.,  their  heirs  and  assigns  as 
aforesaid,  that  the  said  G.  H.  died  seised  of  the  granted  premises, 
that  they  are  free  from  all  incumbrances  done  or  suffered  by  us 
or  either  of  us,  and  that  we  will,  and  our  heirs,  executors  and 
administrators,  shall  warrant  and  defend  the  same  to.  the  said  K. 
L.  and  M.  N.,  their  respective  .heirs  and  assigns,,  against  the  law- 
ful claims  and  demands  of  all  persons  claiming  by,  from  or  under 
the  said  G.  H.,  or  us  or  either  of  us.     In  witness,  &c. 


Deed  Poll. 

To  all  people  to  whom  these  presents  shall  come,  A.  B.,  of  the 
city  of  Lancaster,  in  the  State  of  Pennsylvania,  widow  and  relict 
of  J.  B.,  late  of  the  same  place,  Esq.,  deceased,  E.  B.,  of  the  same 
place,  merchant,  eldest  son  and  heir-at-law  of  the  said  deceased, 
F.  B  ,  of  the  borough  of  Norristown,  in  the  State  of  Pennsylvania 
aforesaid,  gentleman,  another  of  the  sons  of  the  said  deceased,  and 


148 


PEEDS. 


J.  S.,  of  the  borough  of  Norristown  aforesaid,  gentleman,  and  M., 
his  wife,  late  M.  B.,  daughter  of  the  said  deceased,  (who  are  the 
only  heirs  of  the  said  deceased,)  send  greeting. 

Whereas,  &c.  [Recite  the  title  of  the  said  A.  B.,  deceased,  to  the 
premises  intended  to  be  conveyed.     See  recitals.] 

Now  know  ye,  that  the  said  J.  B.,  E.  B.,  F.  B.,  and  J.  S.  and 
M.  his  wife,  for  and  in  consideration  of  the  sum  of  ^o  thousand 
dollars,  lawful  money  of  the  United  States,  to  them  in  hand  paid 
by  I.  N,,  of  the  city  of  Philadelphia,  aforesaid,  at  and  before  the 
sealing  and  delivery  hereof,  the  receipt  whereof  they  do  hereby 
acknowledge,  and  thereof  acquit  and  for  ever  discharge  the  said 
I.  N.,  his  heirs,  executors,  and  administrators,  by  these  presents, 
have  granted,  bargained,  sold,  released,  and  confirmed,  and  by 
these  presents  do  grant,  bargain,  sell,  release,  and  confirm,  unto 
the  said  1.  N.,  his  heirs  and  assigns,  all  that  messuage  or  tenement, 
&c. 

Together  with  all  and  singular  the  buildings,  improvements, 
ways,  woods,  waters,  water-courses,  rights,  liberties,  privileges, 
hereditaments,  and  appurtenances  whatsoever,  thereunto  belong- 
ing, or  in  any  wise  appertaining,  and  the  reversions  and  remain- 
ders, rents,  issues,  and  profits  thereof;  and  also  all  the  estate, 
right,  title,  interest,  property,  claim,  and  demand  whatsoever,  of 
them,  the  said  A.  B.,  &c.,  in  law  or  equity,  or  otherwise  howso- 
ever, of,  in,  to,  or  out  of  the  saq^. 

To  have  and  to  hold  the  said  messuage  or  tenement,  and  lot  or 
piece  of  ground,  hereditaments  and- premises,  hereby  granted,  or 
mentioned  or  intended  so  to  be,  with  the  appurtenances,  unto  the 
said  I.  N.,  his  heirs  and  assigns,  to  the  only  proper  use  and  behoof 
of  the  said  I.  N.,  his  heirs  and  assigns,  for  ever ;  subject  to  the 
payment  of  the  arrearages  of  the  principal  and  interest  (if  any) 
due  to  the  Commonwealth  of  Pennsylvania  for  patenting  the 
same.     In  witness,  &c. 


Deed  Poll  on  disfranchising  a  Member  of  a  Company. 

To  all  to  whom  these  presents  shall  come,  the  master,  wardens' 
and  society,  of  the  art  and  mystery  of  Carpenters  of  the  city  of 

,  send  greeting  :  Know  ye,  that  we,  for  divers  good  causes 

and  considerations,  have  acquitted,  released,  and  discharged,  and 
by  these  presents,  for  us  and  our  successors,  do  acquit,  release, 

and  discharge,  Andrew  Bryan,  of ,  of  and  from  his  freedom 

in  the  said  society  or  company,  and  of  and  from  all  otlM*  offices, 
duties,  charges,  payments,  and  things  whatsoever  relating  thereto, 
or  whereto  he  now  stands  engaged  by  virtue  of  any  charters,  by- 
laws, ordinances,  or  other  matter  or  thing  whatsoever;  and  so  as 
of  and  from  the  same,  he  shall  and  may  at  all  times  hereafter  be 
fully  and  absolutely  discharged  by  these  presents.  In  witness 
whereof,  we  have  hereunto  caused  to  be  set  the  seal  of  our 


DEEDS.  149 

society,  this day  of ,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  forty-four. 

Deed  Poll  for  Unpatented  Lands^  with  Clause  of  Special 
Warranty. 

Know  all  men  by  these  presents,  that  A.  B.,  of  Blockley  town- 
ship, in  the  Couiity  of  .Philadelphia  and  State  of  Pennsylvania, 
joiner,  and  H.,  his  wife,  for  and  in  consideration  of  the  sum  of  four 
hundred  dollars,  to  them  in  hand  paid  by  C.  D.,  of  Moyamensing 
township,  in  the  county  and  state  aforesaid,  at  and  before  the 
seaUng  and  delivery  hereof,  the  receipt  whereof  is  hereby  acknow- 
ledged, have  granted,  bargained,  sold,  released  and  confirmed, 
and  by  these  presents,  do  grant,  bargain,  sell,  release,  and  confirm 
unto  the  said  C,  D.,  his  heirs  and  assigns,  all  their  estate,  right, 
title,  interest,  property,  claim,  and  demand  whatsoever,  of,  iri,  to, 
or  out  of  a  certain  tract  or  parcel  of  land,  situate,  &c.,  containing 
one  hundred  acres,  be  the  same  more  or  less,  surveyed  or  intended 
10  be  surveyed,  by  virtue  of  a  warrant  for  the  same,  bearing  date 
the  first  day  of  July,  one  thousand  seven  hundred  and  ninety-six, 
granted  to  the  said  A.  A.  as  by  the  said  warrant  remaining  filed 
in  the  Surveyor  General's  Office,  recourse  being  thereunto  had, 
appears. 

Together  with  all  and  singular  the  rights,  members,  and  appur- 
tenances thereunto  belongiirg,  or  in  any  wise  appertaining ;  and 
the  reversions  and  remainders,  rents,  issues,  and  profits  thereof: 
To  have  and  to  hold  the  said  tract  of  land,  hereditaments,  and 
premises,  hereby  granted,  or  mentioned  or  intended  so  to  be,  with 
the  appurtenances,  unto  the  said  C.  D.,  his  heirs  and  assigns,  to 
the  only  proper  use  and  behoof  of  the  said  C.  D.,  his  heirs  and 
assigns  for  ever,  subject  to  the  payment  of  the  arrearages,  if  any, 
due  to  the  Commonwealth  for  patenting  the  same. 

And  the  said  A.  B.  and  his  heirs,  the  said  hereby  granted  pre- 
mises, unto  the  said  C.  D.,  his  heirs  and  assigns,  against  hrni  the 
said  A.  B.  and  his  heirs,  and  against  all  and  every  oiher  person 
and  persons  whatsoever,  lawfully  claiming  or  to  claim  by,  from, 
or  under  him,  them,  or  any  of  them,  shall  and  will  warrant  and 
for  ever  defend,  by  these  presents.     In  witness  whereof,  &c. 

Deed  for  Lands  sold  by  Administrators  by  order  of  Orphans* 
Court  in  Partition. 

This  indenture,  made  the day  of ,  between  John  Jones 

and  William  Burns,  administrators  of  all  and  singular  the  goods 
and  chattels,  rights,  and  credits,  which  were  of  William  Dickson, 

late  of ,  yeoman,  deceased,  of  the  one  part,  and  John  Smith, 

of ,  gentleman,  of  the  other  part:  Whereas  the  said  William 

Dickson  was,  in  his  lifetime,  lawfully  seised  in  his  demesne  as  of 


150  DEEDS. 

fee,  of  and  in  a  certain  plantation  and  tract  of  land,  situated  in 
,  and  bounded  and  described  as  follows,  that  is  to  say  :  Be- 
ginning at  ,  containing,  &c.,  with  the  appurtenances,  and 

being  so  thereof  seised  as  aforesaid,  died  intestate.     And  whereas 

at  an  Orphans'  Court  held  at ,  in  and  for  the  county  of 

aforesaid,  the day  of ,  upon  the  petition  of  John  Dick- 
son, eldest  son  and  heir  at  law  [or,  as  the  case  may  be]  of  the 
said  William  Dickson,  praying  the  court, to  award  an  inquest,  to 
make  partition  of  the  said  real  estate  of  the  said  intestate  in  the 
said  petition  mentioned,  to  and  among  his  children  and  repre- 
sentatives, in  such  manner  and  in  such  proportions,  as  by  the 
laws  of  Pennsylvania  is  directed  and  appointed,  if  such  partition 
could  be  made  without  prejudice  to  or  spoiling  the  whole,  other- 
wise to  value  and  appraise  the  same,  the  said  inquest  was  awarded 
by  the  court,  according  to  the  prayer  of  the  said  petitioner.  Where- 
upon a  writ  of  partition  or  valuation  issued  out  of  the  said  court, 

bearing  test  the day  of ,  to  the  sheriff  of  the  said  county 

directed,  conmianding  him  to  summon  an  inquest,  to  make  parti- 
tion of  the  said  real  estate  to  and  among  the  children  and  repre- 
sentatives of  the  said  intestate,  according  to  law,  if  such  partition 
could  be  thereof  made  without  prejudice  to  and  spoiling  the 
whole;  but  if  such  partition  could  not  be  thereof  made  gis  afore- 
said, then  to  value  and  appraise  the  same  :  And  that  the  partition 
or  valuation  so  made,  he  should  distinctly  and* openly  have  before 

the  judges  of  the  said  court  at ,  the day  of then 

next.  At  which  day,  before  the  judges  aforesaid,  the  sheriff  of 
the  said  county,  to  wit,  C.  M.,  Esq.,  made  return  of  the  said  writ, 
with  a  schedule  thereunto  annexed,  by  which  schedule  or  inqui- 
sition, under  the  hand  and  seal,  as  well  of  the  said  sheriff  as  of 
the  inquest  therein  named,  it  appears  by  the  oaths  and  affirma- 
tions of  the  said  inquest,  that  the  real  estate  in  the  said  writ  men- 
tioned, could  not  be  parted  and  divided  to  and  among  the  parties 
therein  named,  without  prejudice  to  or  spoiling  the  whole  thereof: 
And  therefore  the  inquest  aforesaid,  upon  their  oaths  or  affirma- 
tions aforesaid,  had  valued  and  appraised  the  same  at  the  sum  of 
dollars,  which  return  and  valuation  were,  on  motion,  con- 
firmed by  the  court.  And  whereas  all  the  heirs  and  legal  repre- 
sentatives of  ihe  said  William  Dickson,  having  severally  and 
respectively  refused  to  take  the  said  plantation  and  tract  of  land, 
at  the  valuation  aforesaid,  the  said  court  did,  upon  the  application 
of  the  said  John  Dickson,  [or  as  the  case  may  be,]  grant  a  rule 
upon  all  the  heirs  and  legal  representatives  of  the  said  intestate, 

to  show  cause  at  an  Orphans'  Court  to  be  held  at ,  in  the 

county  of ,  the day  of then  next,  why  the  said 

real  estate  should  not  be  sold  according  to  the  act  of  General 
Assembly,  in  such  case  made  and  provided,  at  which  said  time 
and  place  legal  notice  of  the  aforesaid  rule  being  proved  to  have 
been  duly  given  to  all  the  heirs  and  legal  representatives  of  the 


DEEDS.  161 

said  intestate,  and  no  cause  being  shown  why  the  said  real  estate 
should  not  be  sold  as  aforesaid ;  the  said  court  did  then  and  there 
make  an  order  commanding  the  said  John  Jones  and  William 
Burns,  administrators  as  aforesaid,  to  expose  the  aforesaid  planta- 
tion and  tract  of  land  of  the  said  intestate,  to  public  sale,  on  the 

premises,  upon  the day  of  — —  then  next,  upon  the  terms 

in  the  said  order  directed.  In  pursuance  whereof,  the  said  admin- 
istrators having  first  given  sufficient  security  according  to  law,  for 
the  faithful  execution  of  the  power  committed  to  them,  did  on  the 
day,  and  at  the  place  in  the  said  order  directed,  expose  the  pre- 
mises therein  mentioned  to  sale,  by  public  vendue, 'and  sold  the 
same  to  the  said  John  Smith,  at  and  for  the  sum  of  three  thousand 
dollars,  he  being  the  highest  bidder,  and  that  the  highest  and  best 
price  bidden  for  the  same ;  which  sale  on  return  thereof  made  to 

the  judges  of  the  same  court,  on  the day  of last  past, 

was  confirmed,  and  it  was  considered  and  adjudicated  by  the  said 
court,  that  the  said  plantation  and  tract  of  land  with  the  appurte- 
nances, so  sold  as  aforesaid,  should  be  transferred  and  vested  in 
the  said  John  Smith,  as  fully  as  the  said  William  Dickson,  held 
the  same  at  his  decease,  subject  and  liable  to  the  payment  of  the 
purchase-money,  according  to  the  terms  prescribed  in  the  said 
order,  as  by  the  records  and  proceedings  of  the  same  court,  remain- 
ing at ,  aforesaid,  relation  thereunto  being  had,  will  more 

fully  and  at  large  appear.  Now  this  indenture  witnesseth,  that 
the  said  John  Jones  and  William  Burns,  administrators  as  afore- 
said, for  and  in  consideration  of  the  said  sum  of  three  thousand 
dollars  to  them  in  hand  paid  by  the  said  John  Smith  at  and  before 
the  ensealing  and  delivery  hereof,  the  receipt  and  payment  whereof 
they  do  hereby  acknowledge,  and  thereof  acquit  and  for  ever  dis- 
charge the  said  John  Smith,  his  heirs,  executors,  and  administra- 
tors, have  granted,  bargained,  sold, aliened,  released  and  confirmed, 
and  by  these  presents  (by  virtue  of  the  powers  and  authorities  to 
them  given  by  the  aforesaid  order  of  Orphans'  Court,  and  pursuant 
to  the  directions  thereof)  do  grant,  bargain,  sell,  alien,  release  and 
confirm,  unto  the  said  John  Smith,  his  heirs  and  assigns,  all  that 
the  above-mentioned  and  described  plantation  and  tract  of  land, 
with  the  appurtenances:  together  with  ajl  and  singular  the  build- 
ings, improvements,  ways,  woods,  waters,  water-courses,  rights, 
liberties,  privileges,  hereditaments,and  appurtenances  whatsoever, 
thereunto  belonging  or  in  anywise  appertaining,  and  the  rever- 
sions and  remainders,  rents,  issues,  and  profits  thereof;  and  also, 
all  the  estate,  right,  title,  interest,  property,  claim,  and  demand 
whatsoever  of  the  said  W^illiam  Dickson  in  his  lifetime,  at  and 
immediately  before  the  time  of  his  decease,  of,  in,  to,  or  out  of  the 
same:  To  have  and  to  hold  the  said  plantation  and  tract  of  land, 
hereditaments  and  premises,  hereby  granted,  or  mentioned,  or 
intended  so  to  be,  with  the  appurtenances,  unto  the  said  John 
Smith,  his  heirs  and  assigns,  to  the  only  proper  use,  benefit,  and 


152  DEEDS. 

behoof  of  the  said  John  Smith,  his  heirs  and  assigns  forever.  And 
the  said  John  Jones  and  William  Burns  do  severally,  but  not 
jointly  or  the  one  for  the  other,  or  for  the  act  or  deed  of  the  other, 
but  each  for  his  own  act  only,  covenant,  promise,  grant,  and  agree, 
to  and  with  the  said  John  Smith,  his  heirs  and  assigns,  by  these  pre- 
sents, that  they,  the  said  John  Jones  and  William  Burns  have  not, 
nor  hath  either  of  them  done,  committed,  or  wittingly  or  willingly 
suffered  to  be  done  or  committed  any  act,  matter,  or  thing  what- 
soever, whereby  the  premises  aforesaid,  or  any  part  thereof  is, 
are,  or  shall  or  may  be  impeached,  charged  or  incumbered  in 
title,  charge,  or  estate  or  otherwise  howsoever.  In  testimony 
whereof,  the  said  parties  to  these  presents  have  hereunto  set  their 
hands  and  seals,  dated  the  day  and  year  first  above  written. 

Sealed  and  delivered  in     5 
presence  of  us,  5 

John  Jay, 

Alfred  Kino. 


JOHN  JONES. 


WILLIAM  BURNS. 


Deed  by  ^Administrators,  by  order  of  Court,  to  satiftfy  debts,  S;c. 

This  indenture,  made  the  tenth  day  of  September,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  forty-four,  between 
John  Jones  and  William  Burns,  administrators  of  all  and  singular 
the  goods  and  chattels,  rights  and  credits  which  were  of  William 
Dickson,  late  of,  &c.,  yeoman,  who  died  intestate,  of  the  one  part, 
and  John  Smith,  of,  &,c.,  of  the  other  part:  Whereas,  &c.  [Here 
recite  the  former  title]  By  force  and  virtue  of  which  said  last 
recited  indenture,  or  of  some  other  good  conveyances  and  assur- 
ances in  the  law  duly  had  and  executed,  the  said  John  Jones  be- 
came in  his  life  time  lawfully  seised  in  his  demesne,  as  of  fee,  of 
and  in  the  premises  aforesaid,  with  the  appurtenances;  and  being 
so  thereof  seised,  died  intestate ;  after  whose  death,  to  wit,  at  an 

Orphans'  Court,  held  at ,  in  and  for  ihe  county  of ,  the 

tenth  day  of  August,  one  thousand  eight  hundred  and  forty-four, 
upon  the  petition  of  John  Jones  and  William  Burns,  the  adminis- 
trators aforesaid,  stating  to  the  said  court  that  the  personal  estate 
of  the  said  deceased  was  ndt  sufficient  for  the  payment  of  the  debts 
of  the  said  intestate,  [or  say,  not  sufficient  for  the  maintenance 
and  education  of  the  minor  children  of  the  said  intestate,  as  the 


DEEDS.  153 

case  may  be,]  and  prayed  the  court  to  direct  a  sale  to  be  made  of 
the  above  described  messuage,  &c.,  it  was  considered  and  ordered 
by  the  said  court  that  the  premises  aforesaid  should  be  sold  at 
public  sale  on  the  twenty-second  day  of  February  then  next,  for 
the  purpose  aforesaid,  and  that  a  report  of  the  proceedings  thereof 
be  made  to  the  next  Orphans'  Court,  to  be  held  for  the  said  county, 
after  such  sale. 

In  pursuance  of  which  said  order,  the  said  John  Jones  and  Wil- 
liam Burns,  administrators  as  aforesaid,  after  having  given  due 
public  and  timely  notice  of  the  time  and  place  of  sale,  did,  on  the 
day  and  time  therein  mentioned,  expose  the  premises  aforesaid  to 
sale,  by  public  vendue  or  outcry,  and  sold  the  same  to  John  Smith, 
for  the  sum  of  one  thousand  dollars,  lawful  money  of  the  United 
States,  he  being  the  highest  bidder,  and  that  the  best  price  bidden 
for  the  same  ;  which  sale,  on  report  thereof  made  to  the  judges  of 
the  said  court,  was,  on  the  fifth  day  of  April  following,  by  them 
confirmed.  And  it  was  considered  and  adjudged  by  the  said  court, 
that  the  same  should  be  and  remain  firm  and  stable  forever,  as  by 
the  records  and  proceedings  of  the  said  court,  relation  being  there- 
unto had,  will  at  large  appear. 

Now  this  indenture  witnesseth,  that  the  said  John  Jones  and 
William  Burns,  for  and  in  consideration  of  the  said  sum  of  one 
thousand  dollars,  to  them  in  hand  paid  by  the  said  John  Smith,  at 
and  before  the  ensealing  and  delivering  hereof,  the  receipt  whereof 
they  do  hereby  acknowledge,  and  thereof  acquit  and  forever  dis- 
charge the  said  John  Smith,  his  heirs,  executors  and  adminis- 
trators, by  these  presents  have  granted,  bargained,  sold,  released 
and  confirmed,  and  by  these  presents,  in  pursuance  and  by  virtue 
of  the  said  order  of  court,  do  grant,  bargain,  sell,  release  and  con- 
firm unto  the  said  John  Smith,  and  to  his  heirs,  assigns,  all  that, 
the  said  messuage,  &c.,  bounded  and  described  as  follows :  Be- 
ginning, &c.  [Here  describe  the  premises.]  'Together  with  all  and 
singular  other  the  houses,  out-houses,  buildings,  barns,  stables, 
ways,  woods,  waters,  water-courses,  rights,  liberties,  privileges, 
hereditaments  and  appurtenances  whatsoever  thereunto  belong- 
ing, or  in  any  wise  appertaining,  and  the  reversions  and  remain- 
ders, rents,  issues  and  profits  thereof:  And  also  all  the  estate,  right, 
title,  interest,  property,  claim  and  demand  whatsoever  of  the  said 
William  Dickson,  at  and  immediately  before  the  time  of  his  de- 
cease, in  law  or  equity,  or  otherwise  howsoever,  of,  in,  to  or  out 
of  the  same.  To  have  and  to  hold  the  said  messuage  or  tenement 
and  tract  of  one  hundred  and  fifty  acres  of  land,  hereditaments 
and  premises  hereby  granted  or  mentioned,  or  intended  so  to  be, 
with  the  appurtenances,  unto  the  said  John  Smith,  his  heirs  and 
assigns,  to  the  only  proper  use  and  behoof  of  the  said  John  Smith, 
his  heirs  and  assigns  forever. 

And  the  said  John  Jones  and  William  Burns,  administrators 
aforesaid,  for  themselves,  their  heirs,  executors  and  administrators. 


154  DEEDS. 

do  severally  and  not  jointly,  nor  the  one  for  the  other,  or  for  the 
act  or  deed  of  the  other,  but  each  for  his  own  acts  only,  cove- 
nant, promise,  grant  and  agree,  to  and  with  the  said  John  Smith, 
his  heirs  and  assigns,  by  these  presents,  that  they,  the  said  John 
Jones  and  William  Burns,  have  not  heretofore  done  or  committed 
any  act,  matter  or  thing  whatsoever,  whereby  the  premises  hereby 
granted,  or  any  part  thereof,  is,  are  or  sfiall  or  may  be  impeached, 
charged  or  incumbered,  in  title,  charge,  estate  or  otherwise  how- 
soever.    In  witness  whereof,  &c. 


A  Deed  by  an  Adminhtrator^  of  Land  which  his  Intestate  had 
bound  himself  to  convey. 

To  all  people  to  whom,  &c.,  A.  B.,  of ,  administrator  of  the 

goods  and  estate  which  were  of  C.  D.,  late  of ,  deceased, 

sends,  greeting :  Whereas  [here  recite  the  agreement  of  the  intes- 
tate to  convey,  and  that  the  administrator  had  obtained  per- 
mission, SfC.)  Now  knoXv  ye,  that  by  virtue  of  the  authority  and 
license  aforesaid,  and  in  order  to  fulfil  and  perform*  all  things  in 
the  above-mentioned  contract  or  agreement  on  the  part  of  the  said 

A.  B.,  to  be  performed,  in  consideration  of  the  sum  of ,  to 

me  paid  by  the  said  C.  D.,  the  receipt,  &c.,  and  in  consideration 
that  the  said  C.  D.  hath  performed  and  fulfilled  all  things  in  the 
above-recited  contract  or  agreement,  on  his  part  to  be  performed 
and  fulfilled,  I,  the  said  A.  B.,  have  granted,  bargained,  sold,  con- 
veyed, released  and  confirmed,  and  do  hereby,  &c.,  to  the  said  C. 
D.,  his  heirs  and  assigns  forever,  the  said,  &c.,  with  the  appurte- 
nances; to  have  and  to  hold  the  same  to  the  said  C.  D.,  his  heirs 
and  assigns,  to  his  and  their  use  forever,  &c. 

(JJ^  This  deed  will  not  pass  the  widow's  right  to  dower,  unless 
she  join  in  the  conveyance. 


Sheriff  ^s  Deed  on  a  Venditioni. 

To  all  people  to  whom  these  presents  shall  come,  J.  H.  B.,  Esq., 
High  Sheriff  of  the  county  of ,  in  the  Commonwealth  of  Penn- 
sylvania, sends  greeting :  Whereas  by  a  writ  oi  fieri  facias,  to  me 
directed,  bearing  date  the  ninth  day  of  May  last  past,  I  was  com- 
manded, that  of  the  goods  and  chattels,  lands  and  tenements  of 
J#S.,  &c,,  in  my  bailiwick,  I  should  cause  to  be  levied,  &c.  [as  in 
the  fieri  facias. '\     And  that  I  should  have  those  moneys  before 

the  judges  at ,  at  a  Court  of  Common  Pleas,  there  to  be  held 

for  the  said  county  of ,  the  fifth  day  of  August  then  next,  to 

render  to  the  said  C.  H.,  for  his  debt  and  damages  aforesaid,  and 
that  I  should  have  then  and  there  that  writ.  At  which  day,  I, 
the  said  sheriff,  made  return  to  the  said  Judges,  that  by  virtue  of 
the  said  writ  to  me  directed,  1  had  seized  and  taken  in  execution, 


DEEDS.  ^^ 

a  certain  messuage,  &c.,  which  remained  in  my  hands  imsold  for 
want  of  buyers;  so  that  I  could  not  have  the  moneys,  in  the  said 
writ  mentioned,  at  the  day  and  place  therein  contained,  as  by  the 
said  writ  I  was  commanded :  And  that  the  residue  of  the  exe- 
cution of  the  said  writ  was  contained  in  a  certain  schedule  there- 
unto annexed ;  by  which  schedule  or  inquisition  it  appears,  on 
the  oaths  and  affirmatioiis  of  the  inquest  therein  named,  that  the 
rents,  issues  and  profits  of  the  said  messuage,  &c.,  were  not  of  a 
clear  yearly  value  sufficient,  beyond  all  reprizes,  within  the  space 
of  seven  years,  to  satisfy  the  debt  and  damages  in  the  said  writ 
mentioned:  VVherefore,  by  a  certain  other  writ  of  venditioni 
exponas,  issued  out  of  the  said  court,  bearing  date  the  sixth  day 
of  August  last  past,  I,  the  said  sheriff,  was  commanded  that  the 
said  messuage,  &c.,  with  the  appurtenances,  so  by  me  seised  and 
taken  in  execution,  I  should  expose  to  sale  :  And  that  T should 

have  those  moneys  before  the  said  judges  at ,  at  the  Court  o^ 

Common  Pleas,  there  to  be  held  the  fourth  day  of  November 
then  next,  to  render  to  the  said  C.  H.  for  his  debt  and  damages 
aforesaid. 

In  pursuance  whereof,"  I,  the  said  sheriff,  having  given  due  and 
timely  notice  of  the  time  and  place  of  sale,  did,  on  Friday,  the 
eighth  day  of  November,  expose  the  premises  aforesaid  to  sale, 
by  public  vendue  or  outcry,  and  sold  the  same  to  I,  R.,  of,  &c., 
for  the  sum  of  one  thousand  dollars,  he  being  the  highest  bidder, 
and  that  the  best  price  bidden  for  the  same.  Now  know  ye,  that  I, 
the  said  sheriff,  for  and  in  consideration  of  the  aforesaid  sum  of  one 
thousand  dollars,  to  me  in  hand  paid  by  the  said  I.  R.,  at  and  be- 
fore the  ensealing  and  delivering  hereof,  the  receipt  whereof  I  do 
hereby  acknowledge,  have  granted,  bargained  and  sold,  and  by 
these  presents,  according  to  the  directions  of  the  said  last  recited 
writ,  and  by  force  and  virtue  thereof,  do  grant,  bargain  and  sell, 
unto  the  said  I.  R.,  his  heirs  and  assigns,  all  that  the  said  mes- 
suage, &c.,  together  with  all  and  singular  the  buildings,  improve- 
ments, rights,  members  and  appurtenances  whatsoever  thereunto 
belonging,  or  in  anywise  appertaining,  and  the  reversions  and 
remainders,  rents,  issues  and  profits  thereof;  and  also  all  the 
estate,  right,  title,  interest,  property,  claim  and  demand  whatso- 
ever of  him  the  said  I.  S.,  of,  in,  to  or  out  of  the  same :  To  have 
and  to  hold  the  said  messuage,  &.C.,  hereditaments  and  premises, 
hereby  granted  or  mentioned,  or  intended  so  to  be,  with  the  ap- 
purtenances, unto  the  said  I.  R.,  his  heirs  and  assigns,  to  his  and 
their  only  proper  use  and  behoof  forever ;  for  such  estate,  and 
under  such  rents  and  conditions,  as  the  said  I.  S.  had  and  held  the 
same,  at  and  immediately  before  the  taking  thereof  in  execution, 
according  to  the  form  and  effect  of  the  laws  and  usages  of  this 
Commonwealth,  in  such  case  made  and  provided,  in  witness 
whereof,  I,  the  said  sheriff,  have  hereunto  set  my  hand  and  seal. 


156  DEEDS. 


Dated  the  fifth  day  of  November,  one  thousand  eight  hundred 
and  forty-four. 


Sheriff  ^s  Deed  vnon  a  Levari  Facias. 

To  all  people  to  whom  these  presents  shall  come,  H.  S.,  Esq., 

High  Sheriff"  of  the  county  of ,  in  the  Commonwealth  of 

Pennsylvania,  sendeth  greeting :  Whereas  by  a  writ  of  Levari 
Facias,  issued  out  of  the  county  Court  of  Common  Pleas,  of  the 

county  of ,  bearing  test  at ,  the day  of last 

past,  to  the  said  sheriff"  directed,  he  was  commanded  that  without 

any  other  writ  of  the  lands  and  tenements  of  A.  N.,  late  of , 

widow,  in  his  bailiwick,  to  wit  of  a  certain  messuage,  &c.,  [as  in 
the  writ],  and  that  he  should  have  those  moneys  before  the  judges 

at ,  at  the  county  Court  of  Common  Pleas,  there  to  be  held  for 

•the  said  county  of ,  the day  of then  next,  to  render 

to  the  said  S.  P.,  for  his  debts  and  damages  aforesaid :  And  whereas 
the  said  sheriff"  having  given  due  and  legal  notice  of  the  time  and 

place  of  sale  of  the  said  messuage,  &c ,  did  on  Monday  the 

day  of ,  expose  the  same  to  sale  by  public  vendue  or  outcry, 

and  sold  the  same  to  J.  L.,  of ,  for  the  sum  of ,  he  being 

the  highest  bidder,  and  that  the  highest  and  best  price  bidden  for 
the  same :  Now  know  ye,  that  the  srfid  sheriff",  for  and  in  consi- 
deration of  the  aforesaid  sum  of ,  to  him  in  hand  paid  by  the 

said  J.  L.,  at  and  before  the  ensealing  and  delivery  hereof,  the 
receipt  whereof  he  doth  hereby  acknowledge,  hath  granted,  bar- 
gained and  sold,  and  by  these  presents,  according  to  the  directions 
of  the  said  recited  writ,  and  by  ibrce  and  virtue  thereof,  doth  grant, 
bargain  and  sell  unto  the  said  J.  L.,  his  heirs  and  assigns,  all  that 
the  said  messuage,  &c.,  together  with  all  and 'singular  the  build- 
ings, improvements,  rights,  members  and  appurtenances  whatso- 
ever thereunto  belonging  or  in  anywise  appertaining,  and  the 
reversions  and  remainders,  rents,  issues  and  profits  thereof,  and 
also  all  the  estate,  right,  title,  interest,  property,  claim  and  demand 
whatsoever  of  her,  the  said  A.  N.,  of,  in,  to  or  out  of  the  same : 
To  have  and  to  hold  the  said  messuage,  &c.,  hereditaments  and 
premises  hereby  granted  or  mentioned,  or  intended  to  be  so,  with 
the  appurtenances,  unto  the  said  J  L.,  his  heirs  and  assigns,  to 
his  and  their  only  proper  use  and  behoof  forever  for  such  estate, 
and  under  such  rents  and  conditions  as  the  said  A.  N.,  had  and 
held  the  same  at  and  immediately  before  the  taking  thereof  in 
execution,  but  for  no  larger  or  greater  estate  than  she,  the  said 
A.  N.,  then  and  there  had  and  held  the  same,  according  to  the 
form  and  effect  of  the  laws  and  usage  of  this  commonwealth,  in 
such  case  made  and  provided.  In  witness  whereof,  the  said 
sheriff"  hath  hereunto  set  his  hand  and  seal,  the day  of . 


DEEDS.  157 

Deed  of  Guardian  for  Lands  sold  by  order  of  Orphans^  Court. 

This  indenture,  made  the  tenth  day  of  May,  A.  D.  one  thou- 
sand eight  hundred  and  forty-four,  between  P.  C, guardian,  legally 

appointed  by  the  Orphans'  Court  of  the  county  of ,  of  the 

estate  of  S.  M.,  a  minor  son  of  J.  M.,  late  of ,  blacksmith, 

deceased,  of  the  one  part,  and  E.  G  ,  of ,  gentleman,  of  the 

other  part :  Whereas  by  force  and  virtue  of  certain  gpod  convey- 
ances and  assurances  in  the  law,  duly  had  and  executed,  the  said 
J.  M.  became  in  his  lifetime  lawfully  seized  in  his  demesne  as  of 
fee,  of  and  in  a  certain  plantation  and  tract  of  land,  situate  in,  &c., 
and  bounded  and  described  as  follows:  [here  describe  the  pre- 
mises,'] with  the  appurtenances,  and  being  so  thereof  seised,  died 
intestate,  [or  if  the  deceased  made  a  loill,  add  the  following 
after  the  word  seised,  "  made  his  last  will  and  testament  in  writ- 
ing, bearing  date  the day  of ,  wherein  and  whereby 

(among  other  things)  he  did  give  and  devise  the  said  plantation 
and  tract  of  land  unto  his  said  son  S.  M.,  and  his  heirs,  as  in  and 
by  the  said  in  part  recited  will  (since  his  decease  duly  proved  and 
remaining  in  the  register's  office  at ,)  reference  being  there- 
unto had,  appears,"]  and  whereas  at  an  Orphans'  Court  held  at 

aforesaid,  in  and  for  the  said -county,  upon  the  petition  of  the 

said  S.  M.,  the  said  P.  C.  was  duly  appointed  guardian  of  the 
estate  of  the  said  S.  M.  during  his  minority ;  and  it  appearing  to 
the  said  court  that  the  said  S.  M.  was  not  possessed  of  a  personal 
estate  adequate  to  his  maintenance  and  education,  the  said  court 
did  then  and  there  make  an  order  empowering  the  said  P.  C.  to 
make  public  sale  of  the  said  plantation  and  tract  of  land,  the  estate 
of  the  said  S.  M.,  for  the  purposes  aforesaid,  and  to  make  a  title 
thereto  to  the  purchaser,  and  did  direct  the  said  sale  to  be  held 
on  the  premises,  upon  the day  of then  next.  In  pur- 
suance whereof,  the  said  P.  C,  having  first  given  bond  with  suf- 
ficient surety  to  the  said  court,  according  to  the  act  of  assembly, 
for  the  faithful  discharge  of  the  trust  thus  committed  to  him,  did 
on  the  day  and  at  the  place  in  the  said  order  directed,  expose  the 
premises  therein  mentioned  to  sale  by  public  vendue,  and  sold  the 

same  to  the  said  E.  G.,  at  and  for  the  sum  of ,  he  being  the 

highest  bidder,  and  that  the  highest  and  best  price  bidden  for  the 
same,  which  sale,  on  report  thereof  made  to  the  judges  Of  the  said 

court  on  the ,  was  confirmed  by  the  said  court,  and  it  was 

considered  and  adjudged  by  the  said  court,  that  the  same  should 
be  and  remain  firm  and  stable  forever,  as  by  the  records  and  pro- 
ceedings of  the  same  court,  reference  thereunto  being  had,  will 
fully  appear.     Now  this  indenture  witnesseth,  that  the  said  P.  C, 

for  and  in  consideration  of  the  sum  of ,  to  him  in  hand  paid 

by  the  said  E,  G.,at  and  before  the  ensealing  and  delivery  hereof, 
the  receipt  and  payment  whereof  he  doth  hereby  acknowledge, 
and  thereof  acquit  and  forever  discharge  the  said  E.  G.,  his  lieirs, 


158  DEEDS. 

executors  and  administrators,  by  these  presents,  hath  granted, bar-  ' 
gained,  sold,  aliened,  released  and  confirmed,  and  by  Ihe'se  presents 
(by  virtue  of  the  powers  and  authorities  to  him  given  by  the  afore- 
said order  of  Orphans'  Court,  and  pursuant  to  the  directions  thereof) 
doth  grant,  bargain,  sell,  alien,  release  and  confirm  unto  the  said 
E.  G  ,  his  heirs  and  assigns,  all  that  the  above-mentioned  and  de- 
scribed plantation  and  tract  of  land,  with  the  appurtenances :  To- 
gether with  all  and  singular  the  houses,  out-houses,  buildings, 
barns,  stables,  ways,  woods,  waters,  water-courses,  rights,  liberties, 
privileges,  hereditaments  and  appurtenances  whatsoever  there- 
unto belonging  or  in  any  wise  appertaining,  and  the  reversions 
and  remainders,  rents,  issues  and  profits  thereof:  And  also  all 
the  estate,  right,  title,  interest,  property,  claim  and  demand  what- 
soever of  the  said  J,  M.  in  his  lifetime  at  and  immediately  before 
the  time  of  his  decease,  of,  in,  to  or  out  of  the  same  :  To  have  and 
to  hold  the  said  plantation  and  tract  of  land,  hereditaments  and 
premises,  hereby  granted  or  mentioned,  or  intended  so  to  be,  with 
the  appurtenances,  unto  the  said  E.  G.,  his  heirs  and  assigns,  to 
the  only  proper  use,  benefit  and  behoof  of  the  said  E.  G.,  his  heirs 
and  assigns  forever.  And  the  said  P.  C.  doth  covenant,  promise, 
grant  and  agree  to  and  with  the  said  E  G.,  his  heirs  and  assigns, 
by  these  presents,  that  he,  the  said  P.  C,  hath  not  done,  committed, ' 
or  wittingly  or  willingly  suffered  to  be  done  or  committed,  any 
act,  matter  or  thing  whatsoever,  whereby  the  premises  aforesaid, 
or  any  part  thereof,  is,  are  or  shall  or  may  be  impeached,  charged 
or  incumbered  in  title,  charge  or  estate,  or  otherwise  howsoever. 
In  witness  whereof,  &c. 

Deed  of  Trust  or  •Assignment  for  the  benefit  of  Creditors. 

This  indenture,  made  the  fourth  day  of  July,  Anno  Domini  one 
thousand  eight  hundred  and  forty-four,  between  A.  B.  of  the 
borough  of  Reading,  in  the  county  of  Berks,  and  state  of  Pennsyl- 
vania, of  the  one  part,  and  C.  D.  of  the  same  place,  of  the  other 
part :  Whereas  the  said  A.  B  ,  owing  to  sundry  losses  and  misfor- 
tunes, is  at  present  unable  to  discharge  his  just  debts,  and  is  willing 
to  assign  all  his  property  for  the  benefit  of  his  creditors :  — 

Now  this  indenture  witnesseth,  that  the  said  A.  B.  a^  well  in 
consideration  of  the  premises,  and  for  the  purpose  of  making  a 
just  distribution  of  his  estate  and  effects  among  his  creditors,  as 
also  of  the  sum  of  one  dollar,  to  him  in  hand  paid,  by  the^said  C. 
D.,  the  receipt  whereof  is  hereby  acknowledged,  hath  granted, 
bargained,  sold,  assigned,  transferred  and  set  over,  and  by  these 
presents  doth  grant,  bargain,  sell,  assign,  transfer  and  set  over  unto 
the  said  C.  D.,  his  heirs  and  assigns,  all  that  certain  messuage, 
&c.  [Here  describe  the  lands,  tenements,  &c.  intended  to  be  con- 
veyed,] 


DEEDS.  159 

And  also  all  his  goods,  chattels  and  effects,  and  property  of 
every  kind,  real,  personal  and  mixed  :  to  have  and  to  hold,  re- 
ceive and  take  the  same  to  the  said  C.  D.,  his  heirs  and  assigns,  to 
the  proper  use  and  behoof  of  the  said  C.  D.,  his  heirs  and  assigns 
for  ever. 

In  trust,  however,  and  to  the  intent  and  purpose  that  he,  the 
said  C.  D.,  shall  and  do  as  soon  as  convenient,  sell  and  dispose  of 
all  the  lands,  tenements,  goods  and  chattels  of  him,  the  said  A.  B., 
and  collect  and  recover  all  the  outstanding  claims  and  debts  to 
him  due,  and  with  the  moneys  arising  therefrom,  after  deducting 
his  reasonable  costs  and  charges,  shall  and  w^jl  pay  the  creditors 
of  the  said  A.  B.  their  respective  demands  in  full,  if  there  shall  be 
sufficient  assets  to  satisfy  the  whole;  and  if  there  are  not  sufficient 
assets  to  satisfy  ^11  the  demands  in  full,  then«pro  rata  according  to 
the  amount  of  their  respective  demands,  without  preference  as 
between  individuals. 

And  should  any  part  or  portion  of.  said  trust  property  or  funds 
remain  after  fully  complying  with  the  trusts  aforesaid,  then  the 
said  C.  D.  shall  deliver  over  end  re-convey  the  same  unto  the  said 
A.  B.,  his  heirs,  executors,  administrators  and  assigns. 

In  testimony  whereof,  \^e  said  party  to  these  presents  hath 
hereunto  set  his  hand  swrfse^l,  the  day  and  year  first  above  writ- 
ten. **  *    . 


mm 


[Acknowledged  as  olher  deeds.] 


The  following  deed  to  trustees  for  the  use  of  a  wife,  is  such  an 
one  as  is  made  to  secure  a  certain  quantity  of  land  to  the  use  and 
control  of  the  wife,  and  which  can  be  held  by  her  against  the 
creditors  of  the  husband  ;  provided  it  is  paid  for  out  of  her  own 
estate,  or  even  if  paid  for  by  the  funds  of  the  husband,  if  such 
husband  is  not  embarrassed  by  debts  at  the  time  of  making  the 
trust  estate. 


Deed  to  a  Wife  by  intervention  of  Trustees. 

This  indenture,  made  the  tenth  day  of  May,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  forty-four,  between  John 
Jones  of  the  city  of  Philadelphia  and  state  of  Pennsylvania,  and 
Mary  his  wife,  of  the  one  part,  and  William  Burns,  of  Lancaster, 
in  the  county  of  Lancaster  and  state  aforesaid,  of  the  other  part  ; 
Witnesseth,  that  the  said  John  Jones  and  Mary  his  wife,  for  and 
in  consideration  of  the  sum  of  five  hundred  dollars,  lawful  money 
of  the  United  States,  to  them  in  hand  paid  by  the  said  William 


160  DEEDS. 

Burns,  for  the  uses  and  upon  the  trusts  hereinafter  mentioned,  at 
and  before  the  enseaUng  and  delivery  hereof,  the  receipt  whereof 
they  do  hereby  acknowledge,  and  thereof  for  ever  acquit  and  dis- 
charge the  said  William  Burns,  have  granted,  bargained,  sold, 
aliened,  enfeoffed,  released  and  confirmed,  and  by  these  presents, 
do  grant,  bargain,  sell,  alien,  enfeoff,  release,  and  confirm,  unto  the 
said  William  Burns,  his  lieirs  and  assigns  for  ever,  all  that  certain 
piece  or  parcel  of  land,  situated,  &c.,  [here  describe  the  premises] 
together  with  all  and  singular  the  buildings  and  improvements,  to 
the  same  belonging,  or  in  anywise  appertaining,  and  the  rever- 
sions and  remainders,  rents,  issues  and  profits  thereof.  To  have 
and  to  hold  the  said  piece  or  parcel  of  land,  with  the  appurte- 
nances, hereby  granted  or  intended  so  to  be,  unto  the  said  Wil- 
liam Burns,  his  heirs, and  assigns  forever:  in  trust,  nevertheless, 
and  for  the  uses  following  and  none  other,  that  is  to  say,  for  the 
sole  and  separate  use  of  Anna  Brown,  the  wife  of  Thomas  Brown, 
of  Lancaster,  county  and  state  aforesaid,  for  and  during  her  natural 
life,  and  so  as  she  alone,  or  s«ch  person  as  she  shall  appoint,  shall 
take  and  receive  the  rents,  issues  aijd  profits  thereof,  and  so  as 
her  said  husband  shall  not  in  anywise  intermeddle  therewith ; 
and  from  and  after  the  decease  of  the  Said  Anna  Brown,  in  trust 
for  the  use  of  the  heirs  of  the  body  q?  I^^^aid  Anna  Brown,  by 
the  said  Thomas  Brown  begotten,  or  to  Jft  begotten,  forever,  with 
power  to  the  said  William  Burns  to*seH»atid  convey  in  fee  simple, 
the  whole  or  any  part  of  the  aforesaid  premises  and  appurte- 
nances, to  any  person  or  persons,  and  for  such  sum  or  sums  of 
money  as  th%  said  Anna  Brown  by  writing  under  her  hand  and 
seal,  and  duly  acknowledged  at  any  tin^e»during  her  natural  life, 
may  appoint  and  direct.  And  the  said  John  Jones  and  Mary  his 
wife,  for  themselves,  their  heirs,  executors  and  administrators,  do 
covenant,  promise,  grant  and  agree,  to  and  with  the  said  William 
Burns,  his  heirs  and  assigns,  by  these  presents,  that  they,  the  said 
John  Jones  and  Mary  his  wife,  and  their  heirs,  the  said  above- 
mentioned  and  described  piece  or  parcel  of  land,  with  the  appur- 
tenances, unto  the  said  William  Burns,  his  heirs  and  assigns, 
against  him,  the  said  John  Jones  and  his  heirs,  and  against  all  and 
every  other  person  and  persons  whomsoever,  lawfully  claiming 
or  to  claim  the  same,  or  any  part  thereof,  [*by,  from  or  under 
him,  them  or  any  of  them,]  shall  and  will  warrant  and  forever 
defend,  by  these  presents. 
In  witness  whereof,  &c.t. 

*  See  note  at  the  conclusion  of  the  first  deed. 

f  The  ackaowledgment  for  this  deed  is  in  the  same  form  as  any  other. 


..^^  ,Ml 


DEEDS.  161 

Deed  from  same  Trustee  by  direction  of  the  Wife  to  sell  her 

Trust  Estate. 

This  indenture,  made  the day  of- ,  A.  D.  one  thousand 

eight  hundred  and  forty-five,  between  William  Burns,  trustee  of 
the  hereafter- mentioned  and  described  premises,  for  the  use  of 
Anna  Brown,  wife  of  Thomas  Brown,  of  the  first  part,  and  Samuel 

Stone,of ,of  the  second  part:  Witnesseth,that  the  said  William 

Burns,  by  the  appointment  and  direction  of  the  said  Anna  Brown, 
given  under  her  hand  and  seal,  duly  acknowledged,  for  the  sum  of 
five  hundred  dollars,  lawful  money  of  the  United  States,  to  him  in 
hand  paid  by  the  said  Samuel  Stone,  for  the  use  of  the  said  Anna 
Brown,  at  and  before  the  ensealing  and  delivery  hereof,  the  receipt 
whereof  he  doth  hereby  acknowledge,  and  thereof  acquit  and  for- 
ever discharge  the  said  Samuel  Stone,  hath  granted,  bargained, 
sold,  released  and  confirmed,  and  by  these  presents  doth  grant, 
bargain,  sell,  release  and  confirm  unto  the  said  Samuel  Stone,  his 
heirs  and  assigns,  all  that  piece  or  parcel  of  land,  situate,  &c. : 
[here  describe  the  premises]  together  with  all  and  singular  the 
buildings,  improvements,  rights,  liberties,  privileges,  heredita- 
ments and  appurtenances  whatsoever  thereunto  belonging  or  in 
anywise  appertaining,  and  the  reversions  and  remainders,  rents, 
issues  and  profits  thereof,  and  also  all  the  estate,  right,  title,  in- 
terest, property,  claim  and  demand  whatsoever  of  him,  the  said 
William  Burns,"in  law  or  equity,  or  otherwise  howsoever,  of,  in  and 
to  the  same ;  to  have  and  to  hold  the  said  piece  or  parcel  of  land 
hereby  granted  or  mentioned,  or  intended  so  to  be,  with  the  appur- 
tenances, unto  the  said  Samuel  Stone,  and  to  his  heirs  and  assigns 
forever.  And  the  said  William  Burns,  for  himself,  his  heirs,  execu- 
tors and  administrators,  doth  hereby  covenant,  promise  and  agree, 
to  and  with  the  said  Samuel  Stone,  his  heirs  and  assigns,  by  these 
presents,  that  be,  the  said  William  Burns,  and  his  heirs,  tlie  said 
above-mentioned  and  described  premises  with  the  appurtenances, 
unto  the  said  Samuel  Stone,  his  heirs  and  assigns,  against  him, 
the  said  William  Burns  and  his  heirs,  and  against  all  and  every 
other  person  and  persons  whomsoever,  lawfully  claiming  or  to 
claim  the  same  or  any  part  thereof,  by,  from  or  under  him,  them 
or  any  of  them,  shall  and  will  warrant  and  forever  defend,  by 
these  presents.  In  witness  whereof,  I  have  hereunto  set  my  hand 
and  seal  the  day  and  year  first  above  written. 

Sealed  and  delivered  in  ) 
presence  of  3 

James  Stiles. 


WILLIAM  BURNS. 


o* 


162  DEEDS. 

This  may  certify  that  I,  Anna  Brown,  the  wife  of  Thomas 
Brown,  do  hereby  appoint  and  direct  William  Burns,  trustee  of 
the  aforesaid  property,  for  my  use,  to  sell  and  convey  as  before 
described,  the  premises  within  mentioned :  And  that  I  have  re- 
ceived on  the  day  of  the  date  of  the  above  indenture,  five  hundred 
dollars  in  full  of  the  consideration  money  therein  mentioned. 

Witness  my  hand  and  seal  the  day  and  date  of  the  above  in- 
denture. 

Witness  present, 

James  Stiles. 


ANNA  BROWN. 


Lancaster  County,  ss. 

Be  it  remembered  that  on  the day  of ,  A.  D.  one  thou- 
sand eight  hundred  and  forty-five,  before  me,  the  subscriber,  one 
of  the  justices  of  the  peace  in  and  for  the  said  county,  personally 
came  the  above-named  William  Burns,  trustee  of  the  premises 
herein  described,  for  the  use  of  Anna  Brown,  and  by  her  appoint- 
ment and  direction,  acknowledged  the  above  indenture  to  be  his 
act  and  deed,  and  desired  that  the  same  might  be  recorded  as  such. 

Also,  on  the  day  and  date  aforesaid,  personally  came  Anna 
Brown,  above  named,  and  acknowledged  the  above  certificate  of 
appointment  and  direction  to  be  her  act  and  defed,  and  desired 
that  the  same  might  be  recorded  as  such. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  seal, 
the  day  and  year  aforesaid. 


JAMES  STILES,  J.  P. 


Deed  of  Marriage  Settlement  of  a  Wife's  Fortune  [consisting 
of  Lands y  Goods,  4'^-,)  to  her  use  as  a  separate  and  distinct 
Estate. 

An  indenture  of  three  parts,  made,  &c.,  between  A.  B.,  of  • 


of  the  first  part,  C.  D.,  &c.,  of  the  second  part,  and  E.  F.  and  G. 
H.,  (trustees)  of  the  third  part.  Whereas  the  said  C.  D.  is  seised 
to  her  and  her  heirs  forever,  of  all  that  messuage  or  tenement, 
situate,  lying  and  being  in :  And  whereas  a  marriage  is  in- 
tended shortly  to  be  had  and  solemnized  between  the  said  A.  B. 
and  the  said  C.  D.,  upon  the  contract  of  which  marriage  the  said 
A.  B.  hath  agreed,  that  if  the  same  shall  take  effect,  then,  notwith- 
standing the  said  marriage,  he,  the  said  A.  B.,  his  executors,  ad- 
ministrators or  assigns,  shall  not  and  will  not  intermeddle  with, 
or  have  any  right,  title  or  interest,  either  in  law  or  equity,  in  or 
to  any  part  of  the  rents,  issues  and  profits  of  the  said  messuage, 


DEEDS.  ,      '  163 

&c.,  but  the  same  shall  remain,  continue  and  be  to  the  said  C.  D., 
or  to  such  uses  as  the  said  C.  D.  shall  think  fit  and  appoint :  Now 
this  indenture  witnesseth,  that  for  the  making  the  said  agreement 
eifectual  in  law,  and  for  the  preserving  the  rents,  &c.,  of  the  mes- 
suage, &c.,  to  and  for  the  separate  use  of  the  said  C.  D.,  and  so 
that  the  same  shall  not  be  in  the  power  or  disposal  of  the  said  A. 
B.,  he,  the  said  A.  B.,  doth  for  himself,  &c.,  covenant,  &c.,  to  and 
with  the  said  E.  F.  and  G.  H.,  (trustees)  and  the  survivor  of  them, 
and  the  executors  and  administrators  of  the  survivor  of  them, 
by  these  presents,  that  notwithstanding  the  said  intended  marriage 
shall  take  effect,  all  the  rents  of  the  messuage,  &c.,  which  shall, 
from  time  to  time,  become  due  and  payable  to  her,  the  said  C.  D., 
by  virtue  of,  &c.,  aforesaid,  and  also  the  interest,  due  or  to  grow 
due  for,  &c. ;  and  also  the  reversion  and  reversions  of  the  said 
messuage,  &c.,  shall  be  accounted,  reckoned  and  taken  as  and  be 
a  separate  and  distinct  estate,  of  and  from  the  estate  of  him,  the 
said  A.  B.,  and  be  in  no  wise  liable  or  subject  to  him,  or  to  the 
payment  of  any  of  his  debts,  but  with  the  profits  or  increase,  that 
shall  hereafter  be  gotten,  gained  or  made  of  the  same,  be  ordered, 
disposed  and  employed,  to  such  person  and  persons,  and  to  and 
for  such  use  and  uses,  intents  and  purposes,  and  in  such  manner 
and  form  as  are  hereinafter  mentioned  and  declared,  (that  is  to  say,) 
that  the  ready  money  arising  or  accruing  out  of  the  said  separate 
and  distinct  estate  before  mentioned,  shall,  from  time  to  time,  be 
placed  out  at  interest  on  such  securities  as  she,  the  said  C.  D.,  shall 
think  fit ;  which  securities,  during  the  coverture,  shall  be  taken 
and  made  in  the  names  of  the  said  E.  F.  and  G.  H.,  (the  trustees) 
or  the  survivor  of  them,  or  in  the  name  or  names  of  such  other 
person  or  persons,  as  she,  the  said  C.  D.,  shall  order  and  appoint, 
in  trust  for  her,  the  said  C.  D.  And  that  all  the  said  separate  and 
distinct  estate,  before  declared  and  allotted  for  the  said  C  D.  as 
aforesaid,  and  the  produce  and  increase  thereof,  shall  be  had, 
taken,  held,  possessed  and  enjoyed  by  such  person  and  persons, 
and  for  such  use  and  uses,  as  the  said  C.  D.  shall  at  any  time  or 
times  hereafter,  during  her  life,  limit,  devise,  order  or  dispose  of 
the  same,  or  any  part  thereof,  either  by  her  last  will  and  testa- 
ment in  writing  whatsoever,  signed  with  her  hand  in  the  presence 
of  two  or  more  credible  witnesses. 

And  the  said  A.  B.  doth  for  himself,  his  heirs,  &c  ,  cove- 
nant, &c.  to  and  with  the  said  E.  F.  and  G.  H,,  (trustees,)  &c.,by 
these  presents,  in  manner  following,  that  is  to  say,  that  if  the  said 
intended  marriage  shall  take  effect,  he,  the  said  A.  B.,  shall  and 
will  permit  and  suffer  the  said  C.  D.  to  give,  grant  and  dispose  of 
her  said  separate  estate,  as  she  shall  think  fit  in  her  lifetime,  and 
to  make  such  will  or  other  writing  as  aforesaid,  and  thereby  to 
give,  order,  devise,  hmit  and  appoint  her  said  separate  estate  to 
any  person  or  persons,  for  any  trust,  use,  intent  or  purpose  what- 
soever; and  that  he,  the  said  A.  B.,  shall  and  will  permit  and 


164  •  DEEDS. 

suffer  such  will,  hereafter  to  be  made  by  the  said  C.  D.,  to  be  duly- 
proved  by  the  executors  in  such  will  named  or  to  be  named,  and 
probate  of  such  will  to  be  had  and  taken,  as  is  usual  ;  and  that 
the  person  or  persons,  to  whom  the  said  C.  D.  shall  give  or  dis- 
pose any  part  of  her  said  separate  estate  by  her  will,  or  any  other 
writing  that  shall  be  signed,  sealed  and  executed  by  her  in  the 
presence  of  two  or  more  credible  witnesses  as  aforesaid,  shall  and 
lawfully  may,  peaceably  and  quietly  have,  hold,  use,  occupy,  pos- 
sess and  enjoy  the  same,  according  to  the  true  meaning  of  such 
gift,  devise  or  appointment,  without  any  let,  denial,  hindrance  or 
interruption  of  or  by  the  said  A.  B.,  his  executors,  administrators 
or  assigns,  or  any  of  them. 

And  also  that  it  shall  and  may  be  lawful  to  and  for  the  said  E. 
F.  and  G.  H.,  &c.,  at  any  time  from  and  after  the  said  intended 
marriage  shall  take  effect,  to  commence  any  action  or  suit,  in  law 
or  equity,  in  the  names  of  the  said  A.  B.  and  C.  D.,  his  intended, 
wife,  against  any  person  or  persons,  for  the  recovery  of  any  sum  or  * 
sums  of  money,  due  or  to  grow  due  to  the  said  C.  1).,  on  her  sepa- 
rate estate  as  aforesaid ;  and  that  the  said  A.  B.  shall  not  and  will 
not  release  or  discharge  any  such  action  or  suit,  nor  receive,  release 
or  discharge  any  sum  or  sums  of  money  now  due  or  hereafter  to 
grow  due  to  the  said  C.  D.  from  her  said  separate  estate  as  afore- 
said, without  the  special  license  and  consent  of  them,  the  said  E. 

F.  and  G.  H.,  &c,,  in  that  behalf,  first  had  and  obtained  in  writ- 
ihg  under  their,  or  some  of  their  hands  and  seals,  but  he,  the  said 
A.  B.,  shall  and  will  avow,  justify  and  maintain  all  lawful  actions 
and  suits,  that  shall  and  may  be  so  commenced  for  the  recovery 
of  the  premises,  and  that  he,  the  said  A.  B.,  shall  and  will,  as  often 
as  thereto  desired  by  the  said  E.  F.  and.  G,  H.,  or  the  survivor  of 
them,  join  with  the  said  C,  his  now  intended  wife,  in  any  receipt, 
release,  discharge  or  acquittance  necessary  to  be  given  on  receiv- 
ing any  moneys,  due  or  to  grow  due  to  the  said  C.,  as  aforesaid. 
And  further,  that  he,  the  said  A.  B.,' shall  and  will,  from  time  to 
time,  and  at  all  times,  from  and  after  the  said  intended  marriage 
shall  take  effect,  upon  every  reasonable  request,  and  at  the  proper 
costs  and  charges  of  the  said  E.  F.  and  G.  PI.,  (the  trustees,)  or, 
&c.,  make,  do  and  execute,  all  and  every  such  further  act  and 
acts,  thing  and  things,  for  the  better  settling,  recovering  and  re- 
ceiving, the  moneys,  goods  and  estate  of  the  said  C.  D.,  allotted 
and  declared  for  her  separate  use,  benefit  and  disposal  as  afore- 
said, as  by  the  said  E.  F.  and  G.  H.,  or,  &c.,  or  their,  or  any  of 
their  counsel  learned  in  the  law,  shall  be  reasonably  devised,  ad- 
vised or  required.  Provided  always,  and  it  is  declared,  concluded 
and  agreed,  by  and  between  all,  &c.,  that  they,  the  said  E.  F.  and 

G.  H.,  &c.,  shall  and  may,  from  time  to  time,  reimburse,  satisfy 
and  pay  himself  and  themselves  out  of  the  said  estate,  all  such 
necessary  and  reasonable  charges  as  they  shall  sustain  or  be  put 
to  by  reason  of  their  being  made  parties  to  these  presents,  or  traiis- 


r^. 


DEEDS.  165 

acting  any  thing  pursuant  thereto  :  And  that  neither  of  them,  the 
said  E.  F.  and  G.  H.,  shall  be  any  ways  accountable  for  the  act 
of  the  other,  or  liable  to  make  good  any  more  of  the  estate  than 
what  shall  really  and  bona  fide  come  into  his  hands  or  custody. 
Provided  also,  and  it  is  declared,  concluded  and  agreed,  by  and 
between  the  said  parties  to  these  presents,  that  the  said  A.  B,,  his 
executors  and  administrators,  shall,  from  time  to  time,  and  at  all 
times  hereafter,  be  indemnified  and  saved  harmless,  out  of  the 
separate  estate  of  the  said  C,  D.,  of  and  from  all  manner  of  costs, 
charges,  damages  or  trouble,  that  he  or  they  shall  or  may  sustain, 
incur  or  be  put  unto,  for  or  by  reason  of  the  said  A.  B.'s  joining 
or  being  a  party  in  any  action  or  suit  for  recovering  any  part  of 
the  separate  estate  of  her,  the  said  C,  as  aforesaid,  or  any  other 
account  whatsoever,  relating  to  the  said  separate  estate.  In  testi- 
mony whereof,  &c. 

Deed  of  a  Water-course. 

This  indenture,  made  the  tenth  day  of  May,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  forty-five,  between  A.  B., 
of,  &c.,  of  the  one  part,  and  C.  D.,  of,  &c.,  of  the  other  part  : 
Whereas  the  said  A.  B.  and  C.  D.,  at  the  time  of  the  sealing 
and  delivering  of  these  presents,  are  respectively  seised  in  fee  of 
and  in  two  contiguous  tracts,  pieces,  or  parcels  of  land,  with  the 
appurtenances,  in  the  township  of  Cumru  aforesaid  :  and  whereas 
there  is  a  dam  and  race,  or  water-course,  built,  erected  and  made, 
in  and  upon  a  certain  run  or  stream  of  water  (called  Angelica) 
within  the  land  of  the  said  A.  B.,  for  watering,  overflowing,  and 
improving  of  meadow  ground  thereon.  Now  this.indenture  wit- 
nesseth,  that  the  said  A.  B.,  for  divers  good  causes  and  considera- 
tions, and  more  especially  for  and  in  consideration  of  the  sum  of 
one  dollar,  to  him  in  hand  paid  by  the  said  C.  D.  at  or  before  the 
ensealing  and  delivery  hereof,  the  receipt  whereof  he  doth  hereby 
acknowledge,  hath  granted,  bargained,  sold,  released  and  con- 
firmed, and  by  these  presents  doth  grant,  bargain,  sell,  release  and 
confirm  unto  the  said  C,  D.,  and  to  his  heirs  and  assigns,  all  the 
water  of  the  said  run  or  stream  of  water,  to  be  led  and  conveyed 
from  the  said  dam,  along  the  race  or  water-course  aforesaid,  into 
the  said  land  of  the  said  C.  D.  for  the  space  of  three  days  in  every 
week,  to  wit :  From  Wednesday  evening  at  sunset,  to  Saturday 
evening  at  sunset,  from  the  first  day  of  May  to  the  first  day  of 
November,  yearly,  and  every  year,  for  the  watering,  overflowing, 
and  improving  of  meadow  ground  on  the  land  of  the  said  C.  D., 
together  with  free  ingress,  egress  and  regress,  to  and  for  the  said 
C.  D.,  his  heirs  and  assigns,  and  his  and  their  workmen,  with' 
horses,  carts  and  carriages,  at  all  convenient  times  and  seasons, 
through  the  land  of  the  said  A.  B.,  his  heirs  and  assigns,  in  and 
along  the  banks  of  the  said  dam  and  race,  or  water-course,  for  the 


166  DEEDS. 

amending,  cleansing  'and  repairing  the  same,  with  liberty  and 
privilege,  for  that  purpose,  to  dig  and  take  stones  and  earth  from 
the  adjacent  land  of  the  said  A.  B.,  when  and  as  often  as  need  be, 
or  occasion  may  require :  to  have  and  to  hold,  all  and  singular 
the  premises  and  privileges  hereby  granted,  or,  mentioned,  or  in- 
tended so  to  be,  with  the  appurtenances,  unto  the  said  C.  D.,  his 
heirs  and  assigns,  to  the  only  proper  use  and  behoof  of  the  said 
C.  D.,  his  heirs  and  assigns  forever ;  he  or  they  paying  one  moiety 
or  half  part  of  the  expenses,  which  from  time  to  time  may  accrue, 
in  supporting,  cleansing  and  repairing  the  dam  and  water-course 
aforesaid.     In  witness,  &c. 

Deed  of  an  Mley  or  Passage. 

This  indenture,  made  the  first  day  of  June,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  forty-five,  between  A.  B. 
of,  &c.,  of  the  one  part,  and  C.  D.  of,  &c.,  of  the  other  part :  Wit- 
nesseth,  that  the  sa-id  A.  B.,  for  and  in  consideration  of  the  sum 
of  one  hundred  dollars,  lawful  money  of  the  United  States,  unto 
him  well  and  truly  paid,  by  the  said  C.  D.,  at  and  before  the 
ensealing  and  delivering  hereof,  the  receipt  whereof  is  hereby 
acknowledged,  hath  granted,  bargained  and  sold,  and  by  these 
presents  doth  grant,  bargain  and  sell  unto  the  said  C.  D.  and  to 
his  heirs  and  assigns,  the  free  and  uninterrupted  use,  liberty  and 
privilege  of,  and  passage  in  and  along,  a  certain  alley  or  passage, 
of  five  feet  in  breadth  by  eighty  feet  in  depth,  extending  out  of 
and  from  Penn  street,  in  the  said  borough,  along  the  east  side  of 
the  present  messuage,  dwelling-house  and  lot  of  the  said  C.  D., 
together  with  fVee  ingress,  egress  and  regress,  to  and  for  the  said 
C.  D.,  his  heirs  and  assigns,  his  and  their  tenants  and  under 
tenants,  occupiers  or  possessors,  of  the  said  C.  D.'s  messuage  and 
ground,  contiguous  to  the  said  alley  or  passage,  at  all  times  and 
seasons,  forever  hereafter,  info,  along,  upon,  and  out  of  the  said 
alley,  in  common  with  him,  the  said  A.  B.,  his  heirs  and  assigns, 
tenants  or  occupiers  of  the  said  A.  B.'s  messuage  and  ground,  ad- 
jacent to  the  said  alley :  to  have  and  to  hold  all  and  singular  the 
privileges  aforesaid  to  him,  the  said  C.  D.,  his  heirs  and  assigns, 
to  the  only  proper  use  and  behoof  of  him,  the  said  C.  D.,  his  heirs 
and  assigns  forever,  in  common  with  him,  the  said  A.  B.,  his  heirs 
and  assigns,  as  aforesaid;  subject  nevertheless  to  the  moiety  or 
equal  half  part  of  all  necessary  charges  and  expenses  which  shall 
from  time  to  lime  accrue,  in  paving,  amending,  repairing  and 
cleansing  the  said  alley.     In  witness  whereof,  &c. 

*4  Gift  of  Lands,  by  Deed. 

This  indenture,  made,  &c.,  between  E.  F.,  of ,  of  tTie  one 

part,  and  G.  H.,  son  of  the  said  E.  F.,  of  the  other  part:  Witnesseth, 


A. 


DEEDS.  167 

that  the  said  E.  F.,as  well  for  and  in  consideration  of  the  natural 
love  and  affection  which  he,  the  said  E.  F,,  hath  and  beareth  unto 
the  said  G.  H.,  as  also  for  the  better  maintenance,  support,  and 
livelihood  of  him,  the  said  G.  H.,  hath  given,  granted,  aliened, 
enfeoffed,  and  confirmed,  and  by  these  presents  doth  give,  grant, 
alien,  enfeoff,  and  confirm  unto  the  said  G.  H.,  his  heirs  and 
assigns,  all  that  messuage,  &c  ,  together  with  all  and  singular  the 
hereditaments  and  appurtenances  thereunto  belonging,  or  in  any- 
wise appertaining ;  and  the  reversion  and  reversions,  remainder 
and  remainders,  rents,  issues,  and  profits  thereof,  and  all  the  estate, 
right,  title,  interest,  property,  claim,  and  demand  whatsoever,  of 
him,  the  said  E.  F.,  of,  in,  and  to  the  said  messuage,  tenements, 
and  premises,  and  of,  in,  and  to  every  part  and  parcel  thereof, 
with  their  and  every  of  their  appurtenances :  to  have  and  to  hold 
the  said  messuage,  tenements,  hereditaments,  and  all  and  singular 
the  premises  hereby  granted  and  confirmed,  or  mentioned,  or  in- 
tended so  to  be,  with  their  and  every  of  their  appurtenances,  unto 
the  said  G.  H.,  his  heirs  and  assigns,  to  the  only  proper  use  and 
behoof  of  him,  the  said  G.  H.,  his  heirs  and  assigns  forever.  And 
the  said  E.  F.,  for  himself,  his  heirs,  executors  and  administrators, 
doth  covenant,  grant,  and  agree,  to  and  with  the  said  G.  H.,  his 
heirs  and  assigns,  by  these  presents,  that  he,  the  said  G.  H.,  his 
heirs  and  assigns,  shall,  and  lawfully  may,  from  time  to  time,  and 
at  all  times  hereafter,  peaceably  and  quietly  have,  hold,  use,  oc- 
cupy, possess,  and  enjoy  the  said  messuage,  farm,  lands;  tene- 
ments, hereditaments,  and  premises  hereby  granted  and  confirmed, 
or  mentioned,  or  intended  to  be  hereby  granted  and  confirmed, 
with  their  and  every  of  their  appurtenances,  free,  clear,  and  fully 
discharged,  or  well  and  sufficiently  saved,  kept  harmless,  and 
indemnified  of,  from,  and  against  all  former  and  other  gifts,  grants, 
hargains,  sales,  jointures,  feoffments,  dowers,  and  estates,  and  of, 
from,  and  against  all  former  and  other  titles,  troubles,  charges, 
and  incumbrances  whatsoever,  had,  done,  or  suffered,  or  to  be 
had,  made,  done,  or  suffered  by  him  the  said  E.  F.,  his  heirs  or 
assigns,  or  any  other  person  or  persons,  lawfully  claiming,  or  to 
claim,  by,  from,  or  under  him,  them,  or  any  of  them.  In  witness, 
&c. 


Deed  of  Partition. 

This  indenture,  made,  &c.  [Here  insert  the  parties.]  Whereas 
the  said  A.  B.  and  C.  D.  now  stand  seised  in  fee  simple,  as  tenants 
in  common,  of  and  in  a  certain  tract  or  parcel  of  land,  situated  in 
Moyamensing  township  aforesaid,  adjoining  lands  of  L.  M.,  N. 
0.,  P.  Q.,  containing  one  hundred  acres,  with  the  appurtenances. 
Now  this  indenture  witnesseth,  that  the  parties  to  these  presents 
have  agreed  to  make,  and  by  these  presents  do  make,  a  full,  just, 
and  equal  partition  and  division  between  them,  of  and  in  the 


168  DEEDS. 

aforesaid  tract  of  land,  according  to  their  respective  shares  and 
interests  therein,  in  manner  following,  that  is  to  say  :  that  the  said 
A.  B.  and  his  heirs,  shall  have  all  that  piece  or  allotment  of  laud, 
part  of  the  said  tract,  beginning,  &c.,  containing,  &c. 

Together  with  the  messuages,  edifices,  buildings,  and  improve- 
ments, on  the  said  described  piece  of  land,  and  all  the  ways, 
woods,  waters,  water-courses,  rights,  liberties,  privileges,  heredita- 
ments, and  appurtenances  whatsoever  thereunto  belonging,  or  in 
anywise  appertaining,  and  the  reversions  and  remainders,  rents, 
issues  and  profits  thereof.  To  hold  and  enjoy  the  same  unto  the 
said  A.  B.,  his  heirs  and  assigns  forever,  in  severalty,  as  his  and 
their  full  part,  share,  and  dividend,  of  and  in  all  and  singular  the 
premises :  And  the  said  C."  D.  doth,  by  these  presents,  for  him  and 
his  heirs,  give,  grant,  allot,  assign,  set  over,  release  and  confirm, 
unto  the  said  A.  B.  and  to  his  heirs  and  assigns  forever,' the  said 
described  piece  or  allotment  of  land,  with  the  appurtenances,  to 
have  and  to  hold  to  him,  the  said  A.  B.,  his  heirs  and  assigns,  to 
the  only  proper  use  and  behoof  of  him,  the  said  A.  B.,  his  heirs 
and  assigns  forever,  in  severalty. 

And  the  said  C.  D.  and  his  heirs  shall  have  all  that  piece  or 
allotment  of  land,  (residue  of  the  said  tract,)  beginning,  &c.,  con- 
taining, &c.,  together  with  the  messuages,  edifices,  buildings,  and 
improvements,  on  the  said  described  piece  of  land,  and  all  the 
ways,  woods,  waters,  water-courses,  rights,  liberties,  privileges, 
hereditaments  and  appurtenances  whatsoever  thereunto  belong- 
ing, or  in  anywise  appertaining,  and  the  reversions  and  remain- 
ders, rents,  issues  and  profits  thereof.  To  hold  and  enjoy  the 
same  unto  the  said  A.  B.,  his  heirs  and  assigns  forever,  in  seve- 
ralty, as  his  and  their  full  part,  share  and  dividend,  of  and  in  all 
and  shigular  the  premises,  and  the  said  C.  D.  doth,  by  these  pre- 
sents, for  him  and  his  heirs,  give,  grant,  allot,  assign,  set  over,* 
release  and  confirm,  unto  the  said  A.  B.  and  to  his  heirs  and 
assigns  forever,  the  said  described  piece  or  allotment  of  land,  with 
the  appurtenances,  to  have  and  to  hold  to  him,  the  said  A.  B.,  his 
heirs  and  assigns,  to  the  only  proper  use  and  behoof  of  him,  the 
said  A.  B  ,  his  heirs  and  assigns  forever,  in  severalty. 

And  the  said  C.  D.  for  himself,  his  heirs,  executors  and  adminis- 
trators, doth  covenant,  promise  and  grant,  to  and  with  the  said  A. 
B.,  his  heirs  and  assigns,  and  every  of  them,  by  these  presents, 
that  he,  the  said  A.  B.,  his  heirs  and  assigns,  shall  or  lawfully  may 
from  time  to  time,  and  at  all  times  hereafter,  forever,  freely,  peace- 
ably and  quietly,  have,  hold,  occupy,  possess  and  enjoy  the  said 
last-described  piece  or  allotment  of  land,  containing,  &c,,  with  the 
appurtenances,  and  receive  and  take  the  rents,  issues  and  profits 
thereof,  without  the  let,  suit,  trouble,  molestation,  interruption,  or 
denial  of  him,  the  said  A.  B.,  his  heirs  or  assigns,  or  of  any  other 
person  or  persons  whatsoever,  lawfully  claiming,  or  to  claim,  by, 
from  or  under  him,  them  or  any  of  them,  or  by  or  with  his,  their, 


DEEDS.  169 

or  any  or  either  of  their  acts,  means,  consent,  privity  or  procure- 
ment. [Here  insert  the  same  covenant  as  the  last,  from  A.  B.  to 
CD.] 

In  witness  whereof,  the  said  parties  have  hereunto  set  their 
hands  and  seals,  dated  the  day  and  year  above  written. 

{JT"  There  must  be  two  of  these  indentures  drawn  alike,  and 
each  of  the  parties  must  sign  both. 


Deed  of  Rent-Charge. 

This  indenture,  made  the  first  day  of  May,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  thirty-seven,  between  C. 
B.  of,  &c.,  of  the  one  part,  and  A.  B.,  of  the  same  place,  yeoman, 
father  of  the  said  C.  B.,  of  the  other  part :  Witnesseth,  that  the 
said  C.  B.,  for  divers  good  causes  and  considerations,  and  espe- 
cially for  and  in  consideration  of  the  sum  of  one  dollar,  to  him 
in  hand  paid,  by  the  said  A.  B.,  at  and  before  the  ensealing 
and  delivering  hereof,  the  receipt  whereof  he  doth  hereby  ac- 
knowledge, hath  given,  granted  and  confirmed,  and  by  these 
presents  doth  give,  grant  and  confirm,  unto  the  said  A.  B.,  his 
executors,  administrators  and  assigns,  one  annuity  or  yearly  rent- 
charge,  of  two  hundred  dollars,  lawful  money  of  the  United 
States,  to  be  received,  taken,  had  and  issuing  out  of  all  that  mes- 
suage, &c.  [here  describe  the  premises,]  which  the  said  A.  B.  and 
M.,  his  wife,  by  deed,  under  their  hands  and  seals,  bearing  date, 
&c.,  granted  unto  the  said  C.  B.  in  fee,  with  all  and  singular  the 
hereditaments  and  appurtenances  thereunto  belonging,  and  every 
part  and  parcel  thereof. 

To  have  and  to  hold  the  said  annuity,  or  yearly  rent-charge  of 
two  hundred  dollars,  unto  the  said  A.  B.,  his  executors,  adminis- 
trators and  assigns,  for,  and  during  the  natural  life  of  the  said  A. 
B.  and  M.  his  wife,  the  father  and  mother  of  the  said  C.  B.  and 
the  life  of  the  survivor  of  them;  payable,  and  to  be  paid,  in  and 
upon  the  first  day  of  January,  first  day  of  April,  first  day  of  July, 
and  first  day  of  October,  in  each  and  every  year,  by  even  and 
equal  portions :  And,  if  it  shall  happen,  that  the  said  annuity  or 
yearly  rent-charge  of  two  hundred  dollars,  or  any  part  thereof, 
shall  be  behind,  and  unpaid,  in  part  or  in  the  whole,  by  the  space 
of  thirty  days,  next  after  either  of  the  days  or  times  of  payment, 
whereon  the  same  should,  or  of  right  ought  to,  be  paid  as  afore- 
said, then,  and  so  often,  and  at  all  times  thereafter,  it  shall  and 
may  be  lawful  to  and  for  the  said  A.  B.,  his  executors,  administra- 
tors and  assigns,  into  the  above  premises,  or  into  any  part  thereof, 
to  enter  and  distrain,  for  the  said  annuity,  or  yearly  rent-charge, 
and  the  distress  and  distresses,  then  and  there  found  and  taken,  to 
take,  lead,  drive,  carry  away  and  impound,  and-  the  same  so  im- 


170  DEEDS. 

pounded,  to  detain  and  keep,  at  the  proper  risk  and  charges  of 
the  said  C.  B.,  his  heirs  and  assigns,  for  the  space  of  five  days. 

And  if  within  the  same  space  of  five  days,  payment  and  satis- 
faction of  the  said  annuity,  or  yearly  rent-charge,  be  not  made, 
then,  and  at  any  time  thereafter,  the  same  distress  afid  distresses 
to  expose  and  sell,  by  public  auction  or  vendue,  for  the  best  price 
that  may  be  gotten,  and  after  the  said  annuity  or  yearly  rent- 
charge,  and  the  arrearages  thereof,  be  fully  paid  and  satisfied, 
together  with  the  costs  and  charges  thereabout,  the  overplus,  if 
any  there  be,  to  return  to  the  said  C.  B.,  his  executors,  administra- 
tors and  assigns :  And  the  said  C.  B.,  for  himself,  his  heirs,  execu- 
tors and  administrators,  doth  covenant,  promise,  grant  and  agree, 
to  and  with  the  said  A.  B.,  his  heirs,  executors,  administrators  and 
assigns,  by  these  presents,  that  the  said  C.  B.,  his  heirs  and  assigns, 
shall  and  will  well  and  truly  pay,  or  cause  to  be  paid,  unto  the 
said  A.  B.,  his  executors,  administrators  and  assigns,  the  said  an- 
nuity, or  yearly  rent-charge,  of  two  hundred  dollars,  above-men- 
tioned, in  and  upon  the  several  days  and  times  above-men- 
tioned, in  manner  and  form  above  expressed,  according  to  the 
true  intent  and  meaning  of  these  presents. 

Provided  always,  nevertheless,  that  if  the  said  C.  B.,  his  heirs 
or  assigns,  shall  and  do  allow  the  said  A.  B.  and  M.  his  wife,  and 
the  survivor  of  them,  the  sole  use  of  the  room  [or  house]  which 
they  now  occupy,  on  the  premises,  with  the  necessary  privileges 
in  the  kitchen  and  cellar,  and  shall  and  do  deliver,  or  cause  to  be 
delivered,  unto  the  said  A.  B.  yearly,  and  every  year,  during  the 
joint  lives  of  the  said  A.  B.  and  M.  his  wife,  the  following  arti- 
cles, in  good  order,  and  at  proper  seasons,  to  wit:  [Here  mention 
the  articles.]  And,  in  case  of  the  death  of  eithef  of  them,  shall 
and  do  deliver  unto  the  survivor  of  them,  one-half  of  the  articles 
aforesaid,  and  shall  and  do  provide  and  keep  for  them,  and  the 
survivor  of  them,  a  good  riding  horse  and  milk  cow,  to  be  changed 
as  often  as  need  be,  and  feed  and  pasture  the  same,  in  like  man- 
ner with  his,  or  their  own,  then  and  in  such  case,  he,  the  said  C. 
B.,  his  heirs,  executors,  administrators  and  assigns,  shall  pay,  or 
cause  to  be  paid,  unto  the  said  A.  B.,  his  executors,  administra- 
tors and  assigns,  the  sum  of  ten  cents  only,  (if  demanded,)  in  and 
upon  each  of  the  days  and  times  aforesaid ;  while  the  provisions 
and  accommodations  aforesaid,  are  duly  found,  given  and  deliver- 
ed, according  to  the  true  intent  and  meaning  of  these  presents,  in 
lieu  and  instead  of  the  full  quarterly  payment  of  fifty  dollars, 
which  shall  then  be  due.     In  witness  whereof,  &c. 

Deed  of  Release. 

To  all  people  to  whom  these  presents  shall  come ;  A.  B.,  C.  D., 
E.  F.,  and  G.  his  wife,  of,  &c.,  send  greeting :  [Here  insert  the 
recitals.] 


^ 


DEEDS.  171 

Now  know  ye,  that  the  said  A.  B.,  C.  D.,  E.  F.  and  G.  his  wife, 
for  and  in  consideration  of  the  sum  of  five  hundred  dollars,  to 
them  in  hand  paid  by  the  said  I.  S.,  at  and  before  the  ensealing 
and  delivering  hereof,  the  receipt  whereof  they  do  hereby  acknow- 
ledge, and  thereof  acquit  and  forever  discharge  the  said  I.  S.,  his 
heirs,  executors  and  administrators,  by  these  presents  have,  and 
each  and  every  of  them  hath,  reraised,  released  and  for  ever  quit 
claim,  and  by  these  presents  do,  and  each  and  every  of  them  doth, 
remise,  release  and  for  ever  quit  claim  unto  the  said  I.  S.,  and  to 
his  heirs  and  assigns,  all  the  estate,  and  estates,  shares,  purparts 
and  dividends,  right,  title,  interest,  property,  claim,  and  demand 
whatsoever,  of  them,  the  said  A.  B.,  C.  D.,  &c.,  in  law  or  equity, 
or  otherwise  howsoever,  of,  in,  to,  or  out  of,  all  that  messuage 
or  tenement,  plantation  and  tract  of  land,  situate,  lying  and  being 
in  the  township  of  Oley  aforesaid,  (in  the  actual  possession  and 
seisin  of  the  said  I.  S.  now  being)  bounded  and  limited  as  fol- 
lows, viz.     Beginning,  &c. 

Together  with  all  and  singular  other  the  buildings,  improve- 
ments, rights,  members,  and  appurtenances  whatsoever,  thereunto 
belonging,  or  in  anywise  appertaining,  and  the  reversions  and 
remainders,  rents,  issues  and  profits  thereof:  To  have  and  to  hold 
all  and  singular  the  premises  hereby  remised  and  released,  or  men- 
tioned or  intended  so  to  be,  with  the  appurtenances,  unto  the  said 
I.  S.,  his  heirs  and  assigns,  to  the  only  proper  use  and  behoof  of 
the  said  I.  S.,  his  heirs  and  assigns,  forever : 

So  that  neither  the  said  A.  B.,  C.  D.,  E.  F.  and  G.  his  wife,  nor 
their  heirs,  nor  any  other  person  or  persons  whosoever,  lawfully 
claiming,  or  to  claim,  by,  from  or  under  them,  or  any  of  them, 
sh^U  or  may,  at  any  time  or  times  hereafter,  have,  claim,  challenge 
or  demand  any  estate,  right,  title  or  interest,  of,  in,  to  or  out  of  the 
said  messuage,  &c.,  hereditaments  and  premises,  hereby  remised 
and  released,  or  mentioned  or  intended  so  to  be,  with  the  appur- 
tenances, or  any  part  or  parcel  thereof;  but  thereof  and  therefrom 
shall  and  will  be  utterly  excluded,  and  forever  debarred,  by  these 
presents.     In  witness,  &c. 


Deed  of  Exchange  of  Lands. 

This  indenture,  made  the  day  of ,  between  John 

Smith,  of ,  of  the  one  part,  and  James  Black,  of ,  of  the 

other  part:  Witnesseth,  that  the  said  John  Smith  hath  given  and 
granted,  and  by  these  presents,  doth  give  and  grant,  unto  the  said 
James  Black,  one  field  or  close  of  freehold  land  called  or  known 
by  the  name  of ,  &c.,  with  all  and  every  of  their  appurte- 
nances, situated,  lying  and  being  in  ,  in  the  county  of , 

&c.  [describe  the  premises'\,  for  and  in  exchange  of,  and  for  all  the 
lands,  tenements  and  hereditaments  of  the  said  James  Black,  called 


i^ 


172  DEEDS. 

or  known  by  the  name  of in aforesaid,  in  the  said 

county  of ,  bounded  and  described  as  follows,  [describe  the 

premises].  To  have  and  to  hold  the  said  field  or  close,  with  the 
appurtenances,  to  the  said  James  Black,  his  heirs  and  assigns  for- 
ever, for  and  in  exchange  of  and  for  the  said  lands,  tenements  and 

hereditaments,  called with  the  appurtenances :  And  the  said 

John  Smith  doth  covenant,  &c.  [add  such  covenants  as  may  he 
agreed  "upori]. 

And  the  said  James  Black  hath  likewise  on  his  part  given  and 
granted,  and  by  these  presents  doth  fully,  freely  and  absolutely, 
give  and  grant  unto  the  said  John  Smith,  his  heirs  and  assigns, 
all  those  lands,  tenements  and  hereditaments,  aforesaid,  with  the 

appurtenances,  called  or  known  by  the  name  of ,  situate, 

lying,  and  being  in aforesaid,  in  the  said  county  of .   To 

have  and  to  hold  th*e  said  lands,  tenements  and  hereditaments, 
&c,,  to  the  said  John  Smith,  his  heirs  and  assigns,  forever,  for  and 

in  exchange  of  and  for  the  said  field  or  close  of  land ,  &c. 

Provided  always,  nevertheless,  and  these  are  upon  this  condition, 
and  it  is  the  true  intent  and  meaning  of  the  parties  hereunto,  that 
if  it  shall  happen  that  either  of  the  said  parties  to  these  presents, 
their  executors,  administrators  or  assigns,  shall  at  any  time  here- 
after during  the  said  respective  terms  above  granted,  by  colour  or 
means  of  any  former  or  other  gift,  grant,  bargain  or  sale,  or  other- 
wise howsoever,  be  ousted  or  evicted  of  and  from  the  possession 
of  either  of  the  said  messuages  or  tenements,  and  other  the  pre- 
mises, so  respectively  granted  in  exchange,  as  aforesaid,  or  any 
part  thereof,  then  and  in  such  cases,  these  presents,  and  every 
matter  and  thing  therein  contained,  shall  be  utterly  void  and  of 
none  effect,  and  then  and  thenceforth  it  shall,  and  may  be  lawful 
to  and  for  the  party  or  parties  so  ousted  or  evicted,  into  his  or 
their  said  former  messuage  or  tenement  and  premises,  with  all  and 
singular  the  appurtenances  to  re-enter,  and  the  same  to  have 
again,  repossess,  and  enjoy,  as  of  his  and  their  former  estate  or 
estates :  any  thing  herein  contained  to  the  contrary  thereto  in  any 
wise  notwithstanding.     In  witness,  &c. 

Deed  of  Confirmation. 

Know  all  men  by  these  presents,  that  I,  John  Jones,  of  Car- 
lisle, in  Cumberland  county  and  state  of  Pennsylvania,  in  consi- 
deration of  the  sum  of  one  hundred  dollars,  to  me  in  hand  paid 
by  William  Burns,  the  receipt  whereof  is  hereby  acknowledged, 
have  granted,  bargained,  sold,  ratified  and  confirmed,  and  by 
these  presents  do  grant,  bargain,  sell,  ratify  and  confirm,  mito  the 
said  William  Burns,  his  heirs  and  assigns  forever,  all  the  estate 
which  I  have  in  the  messuage  with  the  appurtenances  in  New- 
ville,  in  the  county  aforesaid,  now  in  the  possession  and  occupa- 
tion of  the  said  William  Burns :  To  have  and  to  Iiold  the  same 


DEEDS.  173 

unto  him,  the  said  Wilham  Barns,  and  his  heirs  and  assigns  for- 
ever.    In  witness  whereof,  &c. 


Covenant  of  Warranty. 

And  the  said  John  Jones,  for  himself,  his  heirs,  executors  and 
administrators,  doth  hereby  covenant,  promise,  grant  and  agree, 
to  and  with  the  said  William  Burns,  his  heirs  and  assigns,  by 
these  presents,  that  he,  the  said  John  Jones  and  his  heirs,  the  said 
above-mentioned  and  described  messuage  and  tract  of  land,  here- 
ditaments and  appurtenances,  hereby  granted  or  mentioned,  or 
intended  so  to  be,  unto  the  said  William  Bui;ps,  his  heirs  and  as- 
signs, against  him,  the  said  John  Jones,  and  his  heirs,  and  against 
all  and  every  other  person  and  persons  whomsoever,  lawfully 
claiming  or  to  claim  the  same  or  any  part  thereof,  [*by,  from  or 
under  him,  them  or  any  of  them,]  shall  and  will  warrant  and  for- 
ever defend  by  these  presents. 

Covenant  for  Quiet  Enjoyment. 

And  the  said  Thomas  Martin,  for  himself,  his  heirs,  executors 
and  administrators,  doth  covenant,  promise,  grant  and  agree,  to 
and  with  the  said  John  Brady,  his  heirs  and  assigns,  by  these  pre- 
sents, that  he,  the  said  John  Brady,  his  heirs  and  assigns,  shall 
and  lawfully  may,  from  time  to  time,  and  at  all  times  hereafter, 
peaceably  and  quietly  have,  hold,  use,  occupy,  possess  and  enjoy 
the  said  messuage  or  tenement,  &c.,  hereditaments  and  premises, 
hereby  granted  or  mentioned,  or  intended  so  to  be,  with  the  ap- 
purtenances, without  the  lawful  let,  suit,  hindrance  or  molestation 
of  the  said  Thomas  Martin,  his  heirs  or  assigns,  or  of  any  other 
person  or  persons  whatsoever,  by  or  with  his,  their  or  either  of 
their  act,  means,  consent,  privity  or  procurement. 


Covenant  for  further  Assurance. 

And  further,  that  he,  the  said  Thomas  Martin,  and  his  heirs, 
and  all  and  every  other  person  or  persons  lawfully  claiming,  or 
to  claim,  by,  from  or  under  him,  them,  or  any  of  them,  shall  and 
will  from  time  to  time,  and  at  all  times  hereafter,  upon  the  reason- 
able request,  and  at  the  proper  cost  and  charges  in  the  law  of  the 
said  John  Brady,  his  heirs  and  assigns,  make,  do  and  execute,  or 
cause  to  be  made,  done  and  executed,  all  and  every  such  further 
and  other  lawful  reasonable  act  or  acts,  deed  or  deeds,  device  and 
devices  in  the  law,  whatsoever,  for  the  further,  better,  more  perfect 

•  This,  without  the  words  in  brackets,  is  a  general  warranty,  that  is  to  say,  a 
warranty  against  all  the  world;  but  with  the  words  in  brackets,  it  is  a  special 
warranty,  that  is  to  say,  a  warranty  against  the  grantor  and  his  heirs  only. 


..^ 


174  DEEDS. 

and  absolute  assurance  and  confirmation  of  the  said  messuaga  or 
tenement,  &c.,  hereditaments  and  premises  hereby  granted  or  men- 
tioned, or  intended  so  to  be,  with  the  appurtenances,  unto  the 
said  John  Brady,  his  heirs  and  assigns,  as  by  him  or  them,  or  by 
his  or  their  counsel  learned  in  the  law,  shall  be  reasonably  ad- 
vised, devised,  or  required. 


Covenant  against  Incumbrances. 

And  the  said  John  Jones,  for  himself,  his  heirs,  executors  and 
administrators,  doth  covenant,  promise,  grant  and  agree,  to  and 
with  the  said  William  Burns,  his  heirs  and  assigns,  by  these  pre- 
sents, that  he,  the  said  John  Jones,  hath  not  heretofore  done,  com- 
mitted, or  wittingly  or  willingly  suffered  to  be  done  or  committed, 
any  act,  matter  or  thing  whatsoever,  whereby  the  premises  hereby 
granted,  or  any  part  thereof,  is,  are  or  shall  or  may  be  impeached, 
charged  or  incumbered,  in  title,  charge,  estate  or  otherwise  how- 
soever. 


Joint  Covenant  of  two  or  more,  to  one  Person. 

And  the  said  A.  B.,  C.  D.  and  E.  F.,  for  themselves,  their  heirs, 
executors  and  administrators,  and  for  every  of  them,  do  covenant, 
promise,  grant  and  agree,  &c. 


Joint  and  Several  Covenant  of  two  or  more,  to  one  Person. 

And  the  said  A.  B.,  C.  D.  and  E.  F.,  for  themselves,  their  heirs, 
executors  and  administrators,  and  for  every  of  them,  do  jointly  and 
severally  covenant,  promise,  grant  and  agree,  &c. 


•^  Several  Covenant  of  two  or  more. 

And  the  said  A.  B.,  C.  D.  and  E.  F.,for  themselves  severally  and 
respectively,  and  for  their  several  and  respective  heirs,  executors 
and  administrators,  and  not  jointly,  or  the  one  for  the  other,  or 
others  of  them,  or  for  the  heirs,  executors  or  administrators,  acts  or 
deeds  of  the  others  of  them,  but  each  and  every  of  them  for  him- 
self only,  and  for  his  heirs,  executors  and  administrators,  acts 
and  deeds  only,  do  covenant,  promise,  grant  and  agree,  &c. 


DEPOSITION.  175 

DEPOSITION. 
Remarks. 

Deposition  is  the  testimony  of  a  witness  reduced  to  writing  in 
due  form  of  law,  taken  by  virtue  of  a  commission  or  other  author- 
ity, of  a  competent  tribunal.  It  should  be  written  by  the  officer, 
before  whom  the  deposition  is  taken,  or  by  the  witness  himself, 
but  never  in  the  hand-writing  of  the  attorneys  concerned  in  the 
cause,  or  the  parties,  or  their  agents.  The  hours,  between  which 
the  depositions  are  to  be  taken,  are  generally  named,  and  they 
cannot  legally  be  taken  at  any  other  time,  unless  it  should  be  by 
consent;  all  of  which  should  appear.  The  rules  of  court  of  the 
several  judicial  districts  of  this  Commonwealth,  regulate  the  modes 
and  time  of  service,  in  taking  depositions. 

By  an  Act  of  Assembly  of  the  26th  February,  1831,  Pamph. 
L.  p.  1292,  in  all  cases  where  a  deposition  is  to  be  taken  upon  a 
commission,  or  on  a  rule  of  court,  or  from  a  justice  of  the  peace, 
the  individual  authorized  to  take  the  deposition  may  issue  a  sub- 
poena for  any  witness  named,  and  compel  his  attendance  by 
attachment,  or  commit  him  to  prison  if  he  refuses  to  testify.  Rules 
of  court  generally  provide,  that  either  party  may  at  any  time 
enter  a  rule  to  take  the  depositions  of  witnesses,  upon  reasonable 
notice  to  the  opposite  party.  Where  a  witness  resides  beyond 
the  limits  of  the  state,  a  commission  may  be  issued  upon  inter- 
rogatories filed,  for  which  see  title  Commission. 

Caption  of  Deposition  under  a  Rule  of  Court. 

Deposition  of  witnesses  produced,  sworn  and  examined  by  me, 

the day  of ,  A.  D. ,  at  my  office,  at ,  between 

the  hours  of A.  M.,  and  P.  M.,  by  virtue  of  the  an- 
nexed rule  of  court  of ,  for  the  examination  of  witnesses  in 

a  certain  cause  then  depending,  wherein  A.  B.  is  plaintiff,  and  C. 
D,  is  defendant. 

E.  F.,  aged  years  or  thereabouts,  of ,  being  pro- 
duced, sworn  and  examined,  on  the  part  of  the ,  deposeth  as 

follows,  &c. 

f 

wd  Deposition  in  the  hand-writing  of  the  Witness. 

Deposition  of  A.  B.,  a  citizen  of  the  state  of ,  residing  in 

the  of ,  aged  ,  reduced  to  writing  by  himself  to 

serve  as  evidence  in  the  case  of  C.  D.  vs.  E.  F.,  in  the  Circuit 
Court  of  the  United  States,  for . 

I,  the  said  A.  B.,  being  duly  sworn  according  to  law,  do  depose 
and  say  as  follows,  &c. 


176  DEPUTATION.— DISCHARGE. 


DEPUTATION. 

Deputation  to  a  Deputy  Register. 

To  all  people  to  whom  these  presents  shall  come  I, Regis- 
ter for  the  Probate  of  Wills  and  granting  Letters  of  Administra-' 
tion  in  and  for  the  county  of ,  and  commonwealth  of  Penn- 
sylvania, send  greeting  : 

Know  you  that,  reposing  especial  trust  and  confidence  in  the 

prudence,  integrity  and  abilities  of ,  I  have  appointed  and 

deputed,  and  do  hereby  appoint  and  depute  him,  the  said ,  to 

be  Deputy  Register  for  the  said  county,  with  power  to  officiate  in 
the  Register's  office  of  the  said  county,  in  my  absence,  and  take 
Probate  of  Wills,  grant  Letters  of  Administration,  and  to  do 
whatsoever  else  by  the  laws  of  the  state  appertains  to  my  said 
office.  Hereby  ratifying,  allowing  and  holding  for  firm  all  and 
whatsoever  my  said  deputy  may  lawfully  do  in  the  premises  by 
virtue  of  this  deputation. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  affixed 
the  seal  of  said  office,  the day  of ,  A.  D. . 


DISCHARGE. 

Rejnarks. 

% 
A  discharge  is  the  act  by  which  a  person  in  confinement  under  ^ 
some  legal  process,  or  held  on  accusation  of  some  crime  or  mis- 
demeanour, is  set  at  liberty.    The  writing  containing  the  order  for 
his  being  so  set  at  liberty,  is  also  called  a  discharge. 

Discharge  of  Insolvent  Debtor  from  Arrest. 

A.  B.  ^ 

vs.      > 
C.  D.^ 

Discharge  C.  D.,  the  defendant  above-named,  he  having  given 
bond  to  the  said  plaintiff,  with  surety  approved  by  me,  the  sub- 
scriber. President  Judge  of  the  Court  of  Common  Pleas  of  the 
county  of ,  agreeably  to  the  provisions  of  an  Act  of  Assem- 
bly, passed  on  the  day  of ,  A.  D. ,  on  paying  jail 

fees,  if  any  be  due. 

Witness  my  hand,  this day  of ,  A.  D. . 

\Thi8  may  he  endorsed  on  the  execution.'} 


M^r 


INTEREST.  177 


Discharge  of  Prisoner  charged  with  a  Criminal  Offence. 

Discharge  out  of  your  custody  the  body  of  A.  B.,  if  detained 
for  no  Other  cause  than  that  mentioned  in  my  warrant  of  the 
day  of last  past.  I  having  taken  sureties  for  his  ap- 
pearance at  the  next  Court  of  General  Quarter  Sessions  of  the 
peace,  to  be  held  at  the  county  aforesaid,  to  answer  the  complaint 
therein  mentioned.  And  for  your  so  doing,  this  shall  be  your 
sufficient  warrant. 

Given  under  my  hand  and  seal,  the day  of ,  A.  D. . 


INTEREST. 

Remarks. 

Interest  in  Pennsylvania  is  six  per  cent. 

Interest  is  to  be  determined  by  the  law  of  the  place  at  which 
the  contract  is  to  be  executed ;  and  where  no  rate  is  stipulated, 
the  parties  are  presumed  to  have  contracted  in  reference  to  the  law 
of  the  place  of  performance,  whether  it  be  statutory  or  custom- 
ary. Archer  vs.  Dunn,  2  W.  &  S.  364-5.  Where  the  contract 
is  made  in  another  state,  the  interest  allowed  in  that  state  maybe 
given.     Jeffray  vs.  Dennis,  2  W.  C.  C.  R.  253. 

So  where  a  note  was  given  in  China,  payable  eighteen  months 
after  date,  without  any  stipulation  respecting  interest,  the  court 
allowed  the  Chinese  interest  of  one  per  cent,  per  month,  from 
the  expiration  of  the  eighteen  months.  Cowqua  vs.  Lauderbrun, 
1  W.  C.  C.  R.  521. 

If  any  person  in  this  state  shall  receive  or  take  more  than  legal 
interest,  he  shall  forfeit  the  money  and  other  things  lent ;  one-half 
thereof  to  the  governor  for  the  support  of  government,  and  the 
other  half  to  the  person  who  shall  sue  for  the  same.  See  Act  of 
2d  March,  1723;  1  Smith,  p.  156. 

Every  payment  made  on  any  obligation  drawing  interest,  is 
construed  to  be  a  payment  on  the  interest,  and  the  balance  on  the 
principal.  Compute,  for  instance,  the  interest  on  the  principal  up 
to  the  time  of  the  first  payment.  If  the  said  first  payment  is 
more  than  the  interest  due  at  the  time  of  payment,  add  the  interest 
with  the  principal,  and  deduct  the  amount  of  said  payment.  Then 
cast  the  interest  upon  the  balance  to  the  second  payment,  add  and 
deduct  in  the  same  way  as  before,  and  so  on  through  all  the  pay- 
ments. 

If,  however,  the  payment  or  payments  be  less  than  the  interest 
due  at  the  time  of  payment,  the  above  rule  will  not  apply,  but 
the  payment  will  be  applied  on  the  interest ;  and  the  amount  of 
interest  still  i;gmaining  due  cannot  be  added  to  the  principal,  to 


.^n 


f 


178 


INTEREST. 


increase  the  amount  upon  which  interest  is  to  accrue.  In  short, 
if  interest  is  not  coHected,  the  one  to  whom  it  is  due  cannot  get 
interest  on  it,  as  that  would  be  construed  to  be  compound  interest. 

The  following  mode  of  calculating  interest  is  correct,  when  the 
payment  is  more  than  the  amount  of  interest  accrued  at  the  time 
of  such  payment.  A  bond  was  given  by  A.  B.  to  C.  D.  for 
SlOOO,  dated  1st  of  January,  1840,  and  payable  in  five  equal 
annual  instalments,  payable  on  the  1st  of  January,  in  each  and 
every  year,  with  interest  on  the  whole  sum  from  date  of  bond. 

On  the  same  is  endorsed  as  follows :  1st  January,  1841,  is  paid 
^260;  1st  January,  1842,  ^248;  1st  January,  1843,  ^236;  1st 
January,  1844,  ^224 ;  and  on  the  1st  of  January,  1845,  §212. 

Original  sum  on  the  bond  -  -  -  -     giooo  00 

Interest  from  1st  January,  1840,  till  the  1st  of  Janu- 
ary 1841,  on  ^1000,  when  the  first  payment 
'was  made       -  -  -  -  -  60  00 


Deduct  the  payment  made  1st  January,  1841,  of 

Leaving  due  after  first  payment 

Interest  on  §800  from  the  1st  of  January,  1841,  till 
the  1st  of  January,  1842.  It  being  one 
year    ----- 


Deduct  payment  of  1st  January,  1842,  of 

Remaining  due  after  second  payment 
Interest  on  §600  from  1st  January,  1842,  till  1st 
January,  1843.     It  being  one  year 


Deduct  payment  of  1st  January,  1843,  of      - 

Remaining  due  after  third  payment  -  -  - 

Interest  on  §400  from  the  1st  of  January,  1843,  till 

the  1st  of  January,  1844.  It  being  one  year    - 


Deduct  payment  of  1st  January,  1844,  of 

Remaining  due  after  fourth  payment 
Interest  on  §200  from  1st  January,  1844,  till  1st 
January,  1845.     It  being  one  year 


1060  00 
260  00 

800  00 


48 

00 

848 

00 

248 

00 

600 

00 

36 

00 

636 

00 

236 

00 

400 

00 

24 

00 

424 

00 

224 

00 

200 

00 

12 

00 

Deduct  payment  of  1st  January,  1845,  of 

■Mi  . 


.  % 


212  00 
212  00 


i^ 


r  INTEREST.  '  179 

The  following  is  a  calculation  of  interest  where  several  of  the 
payments  made,  did  not  amount  to  as  much  as  the  interest  due  at 
the  time  those  payments  were  made.  A  bond  was  given  by  A. 
B.  to  C.  D.  for  ^1000,  dated  1st  January,  1840,  and  payable  in 
five  equal  annual  instalments,  payable  on  the  1st  of  January,  in 
each  and  every  year,  with  interest  on  the  whole  sum  from  date  of 
bond.  On  the  same  is  endorsed  as  follows:  1st  January,  1841,  paid 
^30;  1st  January,  1842,  §40;  1st  January,  1843,^50;  and  on 
the  1st  January,  1844,  i^260.  See  how  much  remains  due  1st 
January,  1845.  « 

Original  bond  for  -  -  -  r  -    §1000  00 

Paid  1st  January,  1841,      §30 
«  «         1842, —  40 

«  «  1843,  —   50 


Three  payments  added  120 

Interest  on  §1000  from  1st  January,  1840,  till  the 

1st  of  January,  1844,  when  §260  was  paid. 

It  being  4  years  -  _  _  .        240  oo 


Deduct  the  three  payments    added    above,  and 
amounting  to  -  _  _ 


4 
Deduct  also  payment  of  1st  January,  1844,  of 

Interest  on  §860  from  1st  January,  1844,  till  1st 
January,  1845.     It  being  one  year 

Remaining  due  1st  January,  1845,    -  -  -      §911  60 


1240 

00 

120 

00 

1120 

00 

260 

00 

860 

00 

51 

60 

^ 


180 


INTEREST. 


AN  INTEREST  TABLE, 

Showing  the  interest  on  sums  from  $\0  to  $5,000  for  15  days, 

for 

1  month,  and  for 

I  ^ear,  at  six  per  cent. 

cts. 

cts. 

Cts. 

$   10  15d. 

2i 

^  10  Im. 

5 

gl  10  ly. 

60 

20  « 

5 

20  « 

10 

20  « 

1  20 

30  « 

74 

30  « 

19 

30  « 

1  80 

40  « 

10 

40  « 

20 

40  « 

2  40 

50  « 

12§ 

50  « 

25 

50  " 

3  00 

60  « 

15 

60  « 

30 

60  « 

3  60 

70  « 

17i 

70  « 

35 

70  « 

4  20 

80  « 

20 

80  « 

40 

80  « 

4  80 

90  « 

22i 

90  « 

45 

90  « 

5  40 

100  « 

25 

100  « 

50 

100  « 

6  00 

200  « 

50 

200  « 

1  00 

200  « 

12  00 

300  « 

15 

300  « 

1  50 

300  « 

18  00 

400  « 

jg  1  00 

400  « 

2  00 

400  « 

24  00 

500  « 

1  25 

500  « 

2  50 

500  « 

30  00 

1000  « 

2   50 

1000  « 

5  00 

1000  « 

60  00 

2000  « 

5  00 

2000  " 

10  00 

2000  " 

120  00 

3000  « 

7  50 

3000  « 

15  00 

3000  « 

180  00 

4000  « 

10  00 

4000  <« 

20  00 

4000  « 

240  00 

5000  « 

12  50 

5000  « 

25  00 

5000  « 

300  00 

INTEREST  PER  DAY. 

ig  100   1 

day   If  cents. 

$  2000  1  day  33 i 

cents. 

200 

«     3J  « 

3000    «    50 

u 

300 

«     5  « 

4000    "         66 1 

a 

400 

«     6§  « 

5000    "    83i 

i( 

500 

« •    81  « 

6000    «  ^1  00 

(( 

600 

«     10  « 

7000    «  1  16f 

a 

700 

«    llf  « 

8000    «  1  33§ 

u 

800 

«    13§  « 

9000    «  1  50 

ii 

900 

«     15  « 

10,000    «  1  662 

i( 

1000 

«    16|  « 

20,000    «  3  33§ 

(( 

V^ 


■w".>- 


INVENTORY. 


181 


A  TABLE, 

Showing  the  number  of  days  from  any  day  in  the  month  to 

the  same  day  in  any  other  month  throughout  the  year. 

>, 

b 

.a 

u 

a> 

Xi 

Xi 

C 

CIS 

3 

.a 
u 

a 

< 

IS 

a 

3 

"3 
<-> 

CO 

3 
< 

4) 

1 

o 
o 

O 

0) 

o 

S 

o 
<u 
O 

January, 

365 

31 

59 

90 

120 

151 

181 

212 

243 

273 

304 

334 

February, 

334 

365 

28 

59 

89 

120 

150 

181 

212 

242 

273 

303 

March, 

306 

337 

365 

31 

61 

92 

122 

153 

184 

214 

245 

275 

April, 

275 

306 

334 

365 

30 

61 

91 

122 

153 

183 

214 

244 

May, 

245 

376 

304 

335 

365 

31 

61 

92 

123 

153 

184 

218 

June, 

214 

245 

273 

304 

334 

365 

30 

61 

91 

122 

153 

183 

July, 

184 

215 

243 

274 

304 

335 

365 

31 

62 

92 

123 

153 

August, 

153 

184 

212 

243 

273 

304 

334 

363 

31 

61 

92 

122 

September, 

122 

153 

181 

212 

242 

273 

303 

334 

365 

30 

61 

91 

October, 

92 

123 

151 

182 

212 

243 

273 

304 

335 

365 

31 

61 

November, 

61 

92 

120 

151 

181 

212 

243 

273 

304 

334 

365 

30 

December, 

31 

61 

90 

121 

151 

182 

212 

243 

274 

304 

335 

365 

Explanation. — How  many  days  are  there  from  the  10th  of 
January  to  the  10th  of  June  ? 

Look  for  January  in  the  column  at  the  left  hand,  then  seek  for 
June  along  the  line  to  the  right,  and  you  will  find  the  number  of 
days  to  be  151. 


Inventory. 

A  true  and  perfect  inventory,  and  just  appraisement,  of  all  and 
singular,  the  goods  and  chattels,  rights  and  credits,  which  were  of 
William  Dickenson,  late  of  the  township  of  Springfield,  in  the 
county  of  Erie,  and  Commonwealth  of  Pennsylvania,  yeoman, 
deceased,  at  the  time  of  his  death,  to  wit  : 


if-'j.? 


18^ 


INVENTORY. 


Cash        -            -            -            -  - 

Wearing  apparel    '           -            -  - 
Goods  bequeathed  to  the  widow,  viz : 

3  cows                    .            .            -  ^40  00 
1  bureau,  dining  table,  6  chairs  and  3 

portraits  and  frames  -            -  $125  00 

4  beds  and  bedding           -            -  95  00 
1  large  Bible          -            -            -  10  00 

1  two-horse  wagon           _            -  . 

1  Buggy         do    - 

Plough  and  harrow          _            .  - 

3  horses    -            -            -            -  - 

12  cows    -  -  - 

Grain  in  the  ground,  about  twenty-five  acres 

of  wheat       -            -            -  - 

Bonds  and  notes  -            -            -  - 

Book  debts           _            -           _  - 


Dolls. 

500 

80 


270 
50 

100 
12 

180 

150 

250 
740 
100 


2432 


cts. 
00 
00  • 


00 
00 
00 
00 
00 
00 

00 
00 
50 

50 


'jf'iken  and  appraised  by  us,  the  first  day  of  January,  A.  D. 
one  thousand  eight  hundred  and  forty-five. 

John  Doe, 
Richard  Roe. 


J 


Erie  County,  ss. 

On  the  first  day  of  January,  A.  D.  1845,  before  me,  the  sub- 
scriber, one  of  the  Justices  of  the  Peace,  in  and  for  the  said 
county,  came  the  above-named  John  Doe  and  Richard  Roe,  who 
being  duly  sworn  [or  affirmed,  as  the  case  may  be]  according  to 
law,  do  declare,  that  the  above  inventory  contains  a  just  and  true 
appraisement  of  the  goods  and  chattels,  rights  and  credits,  which 
were  of  the  said  William  Dickenson  deceased,  so  far  as  the  same 
came  to  their  knowledge.  JOHN  DOE. 

RICHARD  ROE. 
Sworn  and  subscribed  before  me 

the  day  and  year  aforesaid, 

John  Nicholson,  Justice  of  the  Peace. 

'    Remarks. 

In  taking  the  inventory  as  aforesaid,  it  shall  be  the  duty  ofthe 
executor  or  administrator,  if  the  decedent  shall  have  left  a  widow 
or  children,  who  were  residing  with  him  at  the  time  of  his  de- 
cease, and  there  is  reason  to  believe  the  estate  insufficient  to  pay 
his  debts,  exclusive  of  such  articles  as  may  be  by  law  exempted 


ii 


INVENTORY.  ,  183 

from  levy  or  sale,  upon  an  execution  against  a  debtor,  to  keep 
separate  and  distinct  therein,  an  account  of  all  such  articles  as  are 
exempted  from  levy  or  sale ;  and  the  same  shall  not  be  sold,  but 
suflered  to  remain  for  the  use  of  such  widow  and  children,  with- 
out further  account  thereof.  Act  of  24th  February,  1834,  Pamph. 
L.  p.  70.  The  articles  which  are  exempt  in  Pennsylvania  from 
execution,  and  which  are  mentioned  as  above  stated,  to  remain 
for  the  use  of  the  widow  and  children,  without  further  account 
thereof,  are  as  follows,  to  wit :  Household  utensils,  not  exceeding 
in  value  thirty  dollars.  The  necessary  tools  of  a  tradesman,  not 
exceeding  in  value  thirty  dollars.  All  wearing  apparel  of  the 
defendant  and  his  family.  Four  beds,  and  the  necessary  bedding. 
A  spinning-wheel  and  reel.  A  stove,  with  the  pipe  of  the  same, 
and  necessary  fuel  for  three  months.  One  cow,  two  hogs,  also 
six  sheep,  with  the  wool  thereof,  or  the  yarn  or  cloth  manufac- 
tured therefrom,  and  feed  sufficient  for  the  said  cow,  hogs  and 
sheep,  from  the  first  day  of  November,  until  the  last  day  of  May. 
Any  quantity  of  meat  not  exceeding  two  hundred  pounds,  twenty 
bushels  of  potatoes,  ten  bushels  of  grain,  or  the  meal  made  there- 
from. Any  quantity  of  flax  not  exceeding  ten  pounds,  or  the 
thread  or  linen  made  therefrom.  All  Bibles  and  school  books  in 
the  use  of  the  family.  In  the  above  inventory,  should  be  included 
all  bonds,  notes,  and  other  evidences  of  debt,  also  all  other  claims 
and  demands  for  money,  or  any  other  personal  property  owned 
or  held  by  the  decedent  at  the  time  pf  his  decease  shall,  as  far  as 
the  same  may  be  known  to  his  executors  or  administrators,  be  in- 
cluded in  the  inventory  to  be  made  and  returned  as  aforesaid.  If 
personal  property  or  assets  of  any  kind,  not  contained  in  the 
inventory  made  and  returned  as  ^foresaid,  shall  afterwards  come 
to  the  possession  or  knowledge  of  the  executor  or  administrator, 
he  shall  take  an  inventory  thereof,  and  return  the  same  into  the 
office  of  the  proper  register,  within  four  months  from  the  time  of 
the  discovery  thereof  See  Act  of  24th  Feb.,  1834,  Pamph.  L,  p. 
70.  Executors  and  administrators  of  every  decedent  shall  imme- 
diately after  the  granting  of  letters  testamentary,  or  of  adminis- 
tration to  them,  cause  notice  thereof  to  be  given  in  one  news- 
paper, published  at,  or  near  the  place  where  such  decedent 
resided,  once  a  week  during  at  least  six  successive  weeks,  together 
with  their  names  and  places  of  residence,  and  in  every  such 
notice  they  shall  request  all  persons  having  claims  or  demands 
against  the  estate  of  the  said  decedent  to  make  known  the  same 
to  them  without  delay.  See  Act  of  24th  February,  1834,  Pamph. 
L.  p.  70. 

The  executors  or  administrators  of  a  decedent  (who  resided  in 
Pennsylvania  at  the  time  of  his  decease,)  must  file  an  inventory 
in  the  register's  office  of  the  county,  within  thirty  days  from  the 
time  of  administration  granted,  and  also  make  a  settlement  thereof 
in  one  year,  or  when  legally  required. 


;*5»4*^ 


184  •  LANDLORD  AND  TENANT. 

The  appraisers  of  an  estate  cannot  charge  respectively  to  exceed 
one  dollar  per  day,  for  every  day  while  diligently  employed  in 
making  the  appraisal.  When  any  executor  or  administrator  shall 
sell,  at  public  auction  or  vendue,  any  of  the  personal  estate  of  the 
decedent,  he  shall,  within  thirty  days  thereafter,  file  in  the  office 
of  the  register  having  jurisdiction,  a  just  and  trne  account  of  the 
articles  so  sold,  and  the  prices  and  purchasers  thereof.  See  Act 
of  Assembly,  24th  Feb.,  1834. 

All  debts  owing  by  any  person  within  this  state,  (Pennsylvania,) 
at  the  time  of  his  decease,  shall  be  paid  by  his  executors  or  ad- 
ministrators, so  far  as  they  have  assets,  in  the  manner  and  order 
following,  viz :  1.  Funeral  expenses,  medicine  furnished  and  medi- 
cal attendance  given  during  the  last  illness  of  the  decedent,  and 
servants'  wages  not  exceeding  one  year.  2.  Rents  not  exceeding 
one  year.  3.  All  other  debts,  without  regard  to  the  quality  of 
the  same,  except  debts  due  to  the  commonwealth,  which  shall 
be  last  paid. 

No  executors  or  administrators  shall  be  compelled  to  pay  any 
debt  of  the  decedent,  except  such  as  are  by  law  preferred  in  the 
order  of  payment  to  rents,  until  one  year  be  fully  elapsed  from 
the  granting  of  the  administration  of  the  estate.  Same  Act  of 
Assembly. 

For  the  mode  of  settling  an  account  on  final  settlement,  see  Ad- 
ministrators, Executors  or  Guardian's  accounts  as  the  case  may  be. 


LANDLORD  AND  TENANT. 
Remqrks. 

A  landlord  is  one  who  rents  or  leases  real  estate  to  another. 

A  tenant  is  one  who  holds  or  possesses  lands  or  tenements  by 
any  kind  of  title,  either  in  fee,  for  life,  for  years,  or  at  will.  A 
tenant  for  life  is  one  to  whom  lands  or  tenements  are  granted,  or 
to  which  he  derives  by  operation  of  law  a  title  for  the  term  of  his 
own  life,  or  for  that  of  any  other  person,  or  for  more  lives  than 
one.  He  is  called  tenant  for  life,  except  when  he  holds  the 
estate  by  the  life  of  another,  whe£  he  is  called  tenant  per  autre 
vie.  2  Bl.  Com.  84.  A  tenant  for  years  is  one  to  whom  another 
has  let  lands,  tenements  and  hereditaments,  for  a  term  of  certain 
years,  or  for  a  lesser  definite  period  of  time ;  and  the  lessee  enters 
thereon.     2  Bl.  Com.  140. 

A  tenant  at  will  is  when  lands  or  tenements  are  let  by  one  man 
to  another,  to  have  and  to  hold  to  him  at  the  will  of  the  lessor,  by 
force  of  which  the  lessee  is  in  possession.  In  this  case  the  lessee 
is  called  a  tenant  at  will.  Every  lease  at  will  must  be  at  the  will 
of  both  parties.     Co.  Litt.  55  ;  2  Bl.  Com.  145. 

Tenants  in  common  are  such  as  hold  by  several  and  distinct 
titles,  but  by  unity  of  possession.    2  BL  Com.  191. 


IF  LANDLORD  AND  TENANT.         .^    185 

Warrant  of  Landlord  to  distrain  for  Rent. 

Chester  County,  ss.  i 

To  A.  B.,  constable  of  the  township  of ,  in  the  county  of 

Chester. 

Whereas  by  an  agreement  made  in  writing  the  tenth  day  of 
March,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 

forty-four,  between  C.  D.  and  E.  F.,  both  of  the  township  of , 

in  the  County  of  Chester,  farmers,  the  said  C.  D.  did  demise  and 
lease  unto  the  said  E.  F.,  a  certain  plantation  and  tract  of  land, 
for  the  term  of  one  year,  to  commence  on  the  first  day  of  April 
next  after  the  date  of  the  said  agreement,  subject  to  the  conditions 
in  the  same  agreement  mentioned,  he,  the  said  E.  F.,  yielding 
and  paying  therefor  unto  the  said  C.  D.,  the  yearly  rent  of  two 
hundred  dollars  in  equal  quarterly  payments :  And  whereas  the 
first  two  quarters  of  the  said  term  have  since  expired,  and  one 
quarter's  rent  amounting  to  fifty  dollars  yet  remains  due  and  un- 
paid. These  are  therefore  to  authorize  and  require  you  to  dis- 
train the  goods  ancf  chattels  of  the  said  E.  F.,  lying  and  being 
upon  the  said  demised  premises,  or  wherever  the  same  goods  and 
chattels  may  be  found  within  the  space  of  thirty  days  next  ensu- 
ing the  conveying  away  or  carrying  ofi"  such  goods  and  chattels 
from  the  said  demised  premises,  and  proceed  to  sell  the  same  ac- 
cording to  law,  for  the  best  price  that  can  be  gotten,  returning  the 
overplus,  ifoxiY,  tp  the  said  E.  F.,  after  payment  of  the  said  rent, 
and  all  legal  costs  and  charges  of  such  distress.  And  for  so  doing 
this  shall  be  your  warrant. 

Witness  my  hand  and  seal  at township  aforesaid,  the  tenth 

day  of  October,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  forty-four. 


C.  D. 


Notice  of  Distress. 

To  E.  F.,  of  the  township  of ,  in  the  County  of  Chester. 

Take  notice,  that  by  the  authority  and  on  behalf  of  your  land- 
lord, C.  D.,  1  have  this  day  distrained  the  several  goods  and  chat- 
tels specified  in  the  schedule  hereunto  annexed,  in  your  house 
and  barn  at  the  township  aforesaid,  for  fifty  dollars,  arrearage  of 
rent  due  to  him,  the  said  C.  D.  And  if  you  do  not  pay  the  said 
^.rent  so  due  and  in  arrear  as  aforesaid,  or  replevy  the  same  goods 
and  chattels  according  to  law,  within  five  days  hereafter,  I  shall, 
after  the  expiration  of  the  said  five  days  from  the  date  hereof, 
cause  the  said  goods  and  chattels  to  be  appraised  and  sold,  ac- 


186  LANDLORD  AND  TENANT. 

cording  to  the  act  of  General  Assembly  in  such  case  made  and 
provided. 

Given  under  my  hand  the  tenth  day  of  October,  Anno  Domini 
one  thousand  eight  hundred  and  forty-four. 

A.  B.,  Constable  of township. 


Scheduk. 

An  inventory  of  the  several  goods  and  chattels  distrained  by 

me,  A.  B.,  constable  of  the  township  of ,  in  the  County  of 

Chester,  the  tenth  day  of  October,  Anno  Domini  one  thousand 
eight  hundred  and  forty-four,  in  the  house  and  barn  of  E.  F.,  of 
the  same  township,  by  the  authority  and  on  behalf  of  C.  D.,  of 
the  township  aforesaid,  for  fifty  dollars  arrear  of  rent  due  to  him, 
the  said  C.  D. 

In  the  house.  In  the  barn. 

One  clock.  Twenty  bushels  of  wheat. 

One  bureau,  &c.  Ten  bushels  of  rye,  &c. 

A  copy  of  the  above  notice  and  schedule  was  this  day  delivered 
to  the  said  E.  F.,  [or  "  was  this  day  left  at  the  mansion  house  of 
the  said  E.  F.,"]  in  my  presence. 

October  10,  1844.  J.  S. 

Proceedings  under  the  Act  of  3d  jJpril,  1830. 
Notice  to  remove  in  15  (or  30)  dai/s. 

You  have  hereby  notice  to  quit,  within  fifteen  [or  thirty*]  days 
from  the  date  of  this  notice,  the  premises  situated,  &c.,  which  I 
have  leased  to  you,  reserving  rent,  (you  having  neglected  or  re- 
fused to  pay  the  amount  so  reserved,  as  often  as  the  same  has 
grown  due  according  to  the  terms  of  our  contract,  and  there  being 
no  goods  on  the  premises,  adequate  to  pay  the  rent  so  reserved, 
except  such  articles  as  are  exempt  from  levy  and  sale,  by  the  laws 
of  this  commonwealth,)  or  I  shall  proceed  against  you  as  is  by  law 
directed.  A.  B. 

To  C.  D. 

•  Where  the  lessee  shall  neglect  or  refuse  to  pay  rent  reserved,  as  often  as 
the  same  may  grow  due,  according  to  the  terms  of  the  contract,  and  where  there 
are  no  goods  on  the  premises  adequate  to  pay  the  said  rent  so  in  arrear,  except 
such  articles  as  are  exempt  from  levy  and  sale,  by  the  laws  of  the  common- 
wealth, it  shall  and  may  be  lawful  for  the  lessor  to  give  the  lessee  notice  to  quit 
the  premises  within  fifteen  days  from  the  date  of  the  notice,  if  such  notice  is 
given  on  or  after  the  first  day  of  April,  and  before  the  first  of  September,  and 
within  ttdrly  days  from  the  date  thereof,  if  given  on  or  after  the  first  of  Septem- 
ber, and  before  the  first  day  of  April.    Act  of  3d  April,  1830. 

If,  after  notice,  the  lessee  does  not  leave  the  premises  within  the  fifteen  (or 
thirty)  days,  or  pay  the  rent,  the  lessor  may  make  complaint  on  oath,  to  two  Jus- 
tices of  the  Peace,  and  have  the  tenant  ejected. 


$ 


vtff 


LANDLORD  AND  TENANT.  187 


Landlord' s  Jiffidavit  or  Complaint. 

County  of ,  ss. 

On  the day  of ,  in  the  year  1844,  personally  appeared 

before  us,  two  of  the  Justices  of  the  Peace  in  and  for  the  said 
county,  A.  B.,  who  being  sworn  [or  affirmed]  according  to  law, 
saith  that  the  premises,  situate,  &c.,  [here  describe  the  premises,] 
were  leased  to  a  certain  C.  D.,  reserving  rent,  that  the  said  rent  is 
in  arrear  and  unpaid,  that  there  are  not  goods  and  chattels  on  the 
said  premises  adequate  to  pay  and  satisfy  the  said  rent,  except 
such  as  are  by  law  exempt  from  levy  and  sale,  and  that  the  said 

lessee  was,  on  the day  of ,  notified  in  writing  to  quit  the 

saidjDremises  within  fifteen  [or  thirty]  days  from  that  date,  but 
has"  vertheless,  refused  to  surrender  and  deliver  up  possession 
of  the  said  premises. 

Sworn,  &c. 

Form  of  »jippraisement. 

An  appraisement  of  the  several  goods  and  chattels  distrained 

by  A.  B.,  constable  of  the  township  of ,  the  tenth  day  of 

October,  Anno  Domini  one  thousand  eight  hundred  and  forty-four, 
in  the  house  and  barn  of  E.  F.,  of  the  same  township,  by  the  au- 
thority and  on  behalf  of  C.  D.,  of  the  township  aforesaid,  for  fifty 
dollars,  arrear  of  rent  due  to  him  the  said  C.  D. 

In  the  house.  In  the  barn. 

One  clock  valued  at  jgl5  Twenty  bushels  of  wheat 

One  Bureau  10  valued  at  ^20 

Ten  bushels  of  Rye         5 
Appraised  by  us,  after  having  been  duly  sworn  according  to 
law,  the  16th  day  of  October,  A.  D,  1844.  S.  M. 

P.  R. 
,^ppraisers. 

(^;J°  Appraisers  must  be  sworn,  for  form  of  which,  see  "  oath 
of  appraisers  of  goods  distrained  for  rent." 

Notice  of  Sale. 

Will  be  sold  by  public  vendue  on  Tuesday,  the  twenty-fourth 

day  of  October,  instant,  at  the  house  of  G.  H.  in township, 

in  the  county  of  Chester,  the  following  goods  and  chattels  dis- 
trained for  rent,  as  the  property  of  E.  F.,  of  the  said  township, 
that  is  to  say,  one  clock,  one  bureau,  twenty  bushels  of  wheat, 
ten  bushels  of  rye,  &c.,  &c.  Due  attendance  will  be  given  and 
the  terras  of  sale  made  known  by  A.  B. 

Constable  of township. 


188  LANDLORD  AND  TENANT. 

Proceedings  against  Tenant  holding  over. 
Notice  to  quit  after  expiration  of  the  term. 

Sir — Take  notice,  that  as  the  term  for  which  the  plantation  or 

tract  of  land  situate  in ,&c.,  [or  messuage  and  tenement,  &c,] 

now  occupied  by  you,  and  which  was  demised  by  me  to  you  for 

the  term  of  one  year,  expired  on  the  day  of ,  1845. 

And  as  I  am  desirous  to  have  again  and  repossess  the  said  pre- 
mises, you  are  hereby  required  to  remove  from  and  leave  the 
same.  A.  B. 

April  10,  1845. 

To  C.  D.  0 

Notice  to  quit  at  the  expiration  of  the  term. 

Sir — Take  notice,  that  as  the  term  for  which  the  messuage  and 
tenement,  with  the  appurtenances,  situate  in,  &c.,  now  in  your 
possession,  which  was  leased  by  me  to  you,  for  the  term  of  two 

years,  will  expire  on  the  day  of  — — ,  1S45,  and  as  I  am 

desirous  to  have  again  and  repossess  the  said  premises,  upon  the 
determination  of  the  said  lease,  you  are  hereby  required  to  re- 
move from  and  leave  the  same  at  the  expiration  of  the  term  afore- 
said. A.  B. 

December  20,  1844. 
To  C.  D. 

(J;y  The  above  notice  to  tenant  to  quit,  must  be  served  at 
least  three  months  previous  to  any  further  proceedings  being  in- 
stituted to  eject  him.  If,  at  the  expiration  of  three  months  after 
notice  to  quit,  the  tenant  still  refuses  to  deliver  possession  of  the 
premises,  the  following  proceeding  may  be  instituted  to  eject  him. 

Complaitit  to  two  Justices. 

To  E.  F.  and  G.  H.,  Justices  of  the  Peace  in  and  for  the  county 
of . 

The  complaint  of  A.  B.  most  respectfully  sets  forth,  that  he  is 
owner  of  a  certain  messuage  or  tenement  with  the  appurtenances, 

situate  in,  &c.,  and  was  in  possession  thereof  on  the  day  of 

,  A.  D.  1844,  at  which  time  he  demised  the  said  premises  to  a 

certain  C.  D.,by  a  written  lease  bearing  date  the  day  and  year  afore- 
said, for  the  full  term  of  one  year,  from  that  day,  which  said  term 

was  fully  ended  on  the day  of ,  A.  D.  1845 ;  the  said 

A.  B.  being  desirous,  upon  the  determination  of  said  lease,  to  have 

again  and  repossess  his  estate,  for  that  purpose  did,  on  the 

day  of ,  last  past,  require  the  said  C.  D.  to  remove  from  and 


LEASE.  189 

leave  the  same,  and  the  said  C.  D.  hath  hitherto  refused,  and  still 
doth  refuse,  to  comply  therewith;  that  three  months  having 
elapsed  since  the  service  of  the  said  notice,  he  makes  this  his  com- 
plaint, that  such  proceedings  may  be  taken  by  you  as  are  directed 
by  the  Act  of  Assembly  in  such  case  made  and  provided. 

A.  B. 

Sworn  and  subscribed  before  me,  this 

day  of ,  1845.  J.  P. 


LEASE. 

Remarks. 

A  lease  is  a  contract  for  the  possession  and  profits  of  lands  and 
tenements  on  one  side,  and  a  recompense  of  rent  or  other  income 
on  the  other ;  4  Bac.  Abr.  4  ;  or  else  it  is  a  conveyance  of  lands 
and  tenements  to  a  person  for  life,  or  years,  or  at  will ;  in  con- 
sideration of  a  return  of  rent  or  other  recompense.  Cruise's  Dig., 
title  Leases. 

Lease. 

This  indenture,  made  the  tenth  day  of  May,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  thirty-seven,  between  A. ' 
B.,  of,  &c.,  of  the  one  part,  and  C.  D.,  of,  &c.,  of  the  other  part : 
Witnesseth,  that  the  said  A.  B.,  for  and  in  consideration  of  the 
yearly  rent  and  covenants  hereinafter  mentioned  and  reserved, 
on  the  part  and  behalf  of  the  said  C.  D.,  his  executors,  adminis- 
trators and  assigns,  to  be  paid,  kept  and  performed,  hath  demised, 
set,  and  to  farm  let,  and  by  these  presents  doth  demise,  set  and  to 
farm  let,  unto  the  said  C.  D.,  his  executors,  administrators  and 
assigns,  all  that  messuage  and  lot  of  ground,  situate,  lying  and 
being  in  the  city  of  Philadelphia  aforesaid,  bounded  northward, 
&c.  Together  with  all  and  singular,  &c. :  To  have  and  to  hold 
the  said  messuage  and  lot  of  ground,  and  all  and  singular  the 
premises  hereby  demised,  with  the  appurtenances,  unto  the  said 
C.  D.,  his  executors,  administrators  and  assigns,  from  the  first  day 
of  May  next  ensuing  the  date  hereof,  for  and  during  the  term  of 
seven  years  thence  next  ensuing,  and  fully  to  be  completed  and 
ended,  yielding  and  paying  for  the  same  unto  the  said  A.  B.,  his 
executors,  administrators  and  assigns,  the  yearly  rent  or  sum  of 
one  hundred  dollars  in  four  equal  quarterly  payments  of  twenty- 
five  dollars  each,  the  first  of  which  to  be  made  on  the  first  day  of 
May  next. 

And  the  said  C.  D.,for  himself,  his  heirs,  executors  and  adminis- 
trators, doth  covenant,  promise  and  agree,  to  and  with  the  said 
A.  B.,  his  heirs,  executors,  administrators  and  assigns,  by  these 


190  LEASE. 

1  ■ 

presents,  that  he,  the  said  C.  D.,  his  heirs,  executors  and  adminis- 
trators, or  some  of  them,  shall  and  will  well  and  truly  pay  or 
cause  to  be  paid,  unto  the  said  A.  B.,  his  heirs,  executors,  adminis- 
trators or  assigns,  the  said  yearly  rent  of  one  hundred  dollars, 
hereby  reserved,  on  the  several  days  and  times  hereinbefore  men- 
tioned and  appointed  for  the  payment  thereof,  according  to  the 
true  intent  and  meaning  of  these  presents.  And  the  said  A.  B., 
for  himself,  his  heirs,  executors  and  administrators,  doth  covenant, 
promise,  grant  and  agree,  to  and  with  the  said  C.  D.,  his  exe- 
cutors, administrators  and  assigns,  by  these  presents,  that  he,  the 
said  C.  D.,  his  executors,  administrators  and  assigns,  (paying  the 
rent  and  performing  the  covenants  aforesaid,)  shall  and  lawfully 
may  peaceably  and  quietly,  have,  hold,  use,  occupy,  possess  and 
enjoy  the  said  demised  premises,  with  the  appurtenances,  during 
the  term  aforesaid,  without  the  lawful  let,  suit,  trouble,  eviction, 
molestation  or  interruption  of  the  said  A.  B.,  his  heirs  or  assigns, 
or  any  other  person  or  persons  whatsoever.  In  witness  whereof, 
the  said  parties,  &c. 


*5  Lease /or  years,  of  a  House  and  Lands,  with  exceptions  and 
Special  Covenants,  Sfc. 

This  indenture,  made  the  first  day  of  January,  A.  D.  one  thou- 
sand eight  hundred  and  forty-five,  between  A.  A.,  of  Norristown, 
in  the  County  of  Montgomery,  of  the  one  part,  and  B.  B.,  of  the 
same  place,  of  the  other  part :  Witnesseth,  that  the  said  A.  A.,  for 
and  in  consideration  of  the  yearly  rent  of  five  hundred  dollars, 
payable  half  yearly,  at  the  expiration  of  every  six  months  from' 
the  leasing  of  said  premises,  and  also  the  covenants  hereinafter' 
mentioned  and  reserved  to  be  paid,  kept  and  performed  by  the 
said  B.  B ,  his  executors,  administrators  and  assigns,  which  the  ' 
said  B.  B.  doth  hereby  covenant  to  pay  and  perform,  hath  de,- ' 
mised,  set  and  to  farm  let,  and  by  these  presents  doth  demise,  set    " 
and  to  farm  let,  unto  the  said  B.  B,,  his  executors,  administrators'' 
and  assigns,  all  that  messuage,  tenement  or  farm  house,  late  in"' 

the  possession  of  E.  B.,  with  the  appurtenances,  situate  in , 

together  with  all  and  singular  the  yards,  gardens,  orchards,  lawns, 
edifices  and  buildings  thereunto  belonging,  and  also  all  those  < 
several  closes,  pieces  or  parcels  of  arable  land,  meadow,  pasture, ' 

wood  and  wood-ground,  containing  by  estimation acres,  (be  ' 

they  more  or  less,  lying  and  being  in ,  to  the  said  messuage,"^ 

tenement  or  farm  house  belonging,  and  therewith  held,  used,  oc-  ' 
cupied  and  enjoyed,  as  part  and  parcel  thereof) 

Except,  and  always  reserving,  out  of  this  present  lease  unto 
the  said  A.  A.,  his  heirs  and  assigns,  all  timber  and  timberiike 
trees,  and  all  other  trees  whatsoever,  but  the  fruit  trees  (or  their 
fruit  only,  and  the  pollard  trees  for  their  lops  and  tops  only,  which 
now  are,  or  at  any  time  or  times  hereafter  shall  be  standing,  grow- 


LEASE.  191 

ing,  and  being  in,  upon  and  about  the  said  leased  premises,  or  any 
part  thereof,  with  free  liberty  of  ingress,  egress  and  regress  to  and 
for  the  said  A.  A.,  his  heirs  and  assigns,  servants  and  workmen, 
from  time  to  time,  and  at  all  times  during  the  term  hereby  leased, 
the  same  to  fell,  stock  up,  cut  down,  hew  and  carry  away,  in  and 
through  the  said  leased  premises  or  any  part  thereof,  (doing  no 
wilful  hurt  or  damage  to  the  grain  or  grass  of  the  said  B.  B.,  his 
executors,  administrators  and  assigns,)  at  all  times  during  the  term 
hereby  leased,  and  free  liberty  to  enter  into  and  upon  the  said 
premises,  and  every  part  thereof,  to  view  the  condition  of  the  re- 
pairs thereof. 

And  also  that  he,  the  said  B.  B.,  his  heirs,  executors,  adminis- 
trators or  assigns,  shall  not,  nor  will,  at  any  time  during  this  pre- 
sent lease,  crop  or  sow  above  two  years  together,  any  of  the  arable 
lands  and  closes,  hereby  leased,  but  every  third  year  permit  the 
same  to  lie  fallow  and  unsown.  And  that  it  shall  and  may  be 
lawful  to  and  for  the  said  A.  A.,  his  heirs  and  assigns,  with  ser- 
vants, horses,  ploughs,  carts  and  other  necessaries,  at  day 

next  preceding  the  expiration  of  this  present  lease,  to  enter  upon 
such  closes  and  grounds,  parcel  of  the  said  hereby  leased  premises, 
as  then  ought  to  lie  fallow  and  unsown,  and  the  same  to  plough, 
fallow  and  manure,  and  to  have  the  grass,  herbage,  sheep  walks 
and  sheep  commons  thereof,  and  also  to  enter  upon  the  dung  which 
shall  then  be  in  the  yard  or  yards,  and  at  the  same  time  to  have 
the  dung  in  the  hen  house,  and  also  to  have  some  convenient  place 
in  the  said  dwelling  house  for  his  and  their  servants  to  lodge  and 
diet  in,  and  some  convenient  place  to  lay  hay  and  chaff  in,  and 
some  convenient  stable  for  their  horses  to  stand  and  be  in,  without 
extinguishment  of  any  of  the  yearly  rent  hereinbefore  reserved, 
and  without  giving  or  making  any  allowance  or  satisfaction  for 
the  same. 

And  further,  that  the  said  B.  B.,  his  executors,  administrators 
and  assigns,  shall  not,  at  any  time  or  times,  during  the  last  two 
years  of  the  said  term,  sell,  give  away,  or  otherwise  dispose  of 
any  of  the  straw  which  shall  be  growing  and  arising  upon  the 
said  leased  premises.  And  the  said  B.  B.,  his  executors,  adminis- 
trators or  assigns,  shall  not,  nor  will,  at  any  time  or  times  during 
the  time  hereby  leased,  lop,  top,  shred  or  cut  any  of  the  trees  or 
spring  wood  belonging  to  the  said  leased  premises,  but  such  pol- 
lard trees  and  spring  wood,  as  have  been  usually  lopped  and  cut 
by  former  and  other  tenants,  and  those  only  of  twelve  years 
growth,  and  the  lops  which  shall  arise  and  come  therefrom,  carry 
into  the  said  hereby  leased  messuage  or  farm-house,  there  to  be 
spent  by  way  of  fire-bote,  and  not  to  be  sold  or  disposed  of  in  any 
other  way  whatsoever,  and  shall  not  nor  will,  at  any  time  or  times 
during  this  lease,  inordinately  burn  or  waste  any  of  the  fire-wood 
which  is  so  allowed  to  be  spent  by  way  of  fire-bote  as  aforesaid, 
and  shall  keep  the  said  pollard  trees,  as  also  all  the  fruit  trees  and 


4 


192  •  LEASE. 

spring  wood  from  all  wilful  or  negligent  hurt  or  waste.  In  wit- 
ness whereof,  the  said  parties  have  hereunto  set  their  hands  and 
seals  the  day  and  year  first  above  written. 

Signed,  sealed  and  delivered  > 
in  presence  of  3 

Alexander  Hilands. 


A.  A. 


B.  B. 


Short  Lease  of  a  House. 

Agreed  the day  of ,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and ,  between  N.  B.,  of township, 

in  the  County  of and  State  of  Pennsylvania,  merchant,  of 

the  one  part,  and  S.  W. ,  of  the  same  place,  carpenter,  of  the  other 
part,  as  follows ;  The  said  N.  B.  doth  let  unto  the  said  S.  W.,  his 
heirs  and  assigns,  a  certain  lot  of  land  whereon  is  erected  a  stone 
dwelling  and  stable,  situate  in  the  township  aforesaid,  and  now 
occupied  by  D.  D.,  adjoining  lands  of  C.  L.,  for  the  term  of  one 

year,  from  the  first  day  of  April  next,  for  the  yearly  rent  of 

dollars,  to  be  paid  in  four  equal  quarterly  payments,  viz.,  on  the 
first  days  of  July,  October,  January  and  April,  which  said  yearly 
rent  the  said  S.  W.  doth  hereby  for  himself,  his  executors  and  ad- 
ministrators, covenant  and  agree  to  pay  unto  the  said  N.  B.,  his 
heirs,  executors  and  assigns.  And  at  the  expiration  of  the  said 
term,  or  sooner,  he,  the  said  S.  W.,his  heirs  and  assigns,  shall  and 
will  quietly  and  peaceably  surrender  and  yield  up  the  said  demised 
premises,  with  the  appurtenances,  unto  the  said  N.  B.,  his  heirs 
and  assigns,  in  as  good  order  and  repair  as  the  same  now  are, 
reasonable  wear,  tear  and  casualties  which  may  happen  by  fire 
or  otherwise  only  excepted.  In  witness  whereof,  we  have  here- 
unto set  our  hands  and  seals  the  day  and  year  above  written. 

Witness  present, 


S.  W. 


LEASE.  193 


Lease  of  a  Farm. 

This  indenture,  made  the day  of ,  in  the  year  of  our 

Lord  one  thousand  eight  hundred  and ,  between  S.  S.,  of  the 

township  of ,  in  the  County  of ,  and  State  of  Pennsyl- 
vania, of  the  one  part,  and  W.  J.,  of township,  county  and 

state  aforesaid,  of  the  other  part:  Witnesseth,  that  the  said  S.  S., 
for  and  in  consideration  of  the  yearly  rent  and  covenants  herein- 
after mentioned  and  reserved,  on  the  part  and  behalf  of  the  said 
S.  S.,  his  heirs,  executors  and  administrators,  to  be  paid,  kept  and 
performed,  hath  demised,  set,  and  to  farm  let,  and  by  these  pre- 
sents doth  demise,  set,  and  to  farm  let,  unto  the  said  W.  J.,  his 
heirs  and  assigns,  all  that  certain  messuage  or  tenement,  tract, 

piece  or  parcel  of  land,  situate  in  the  township  of aforesaid 

adjoining  lands  of  A.  E.,  J.  S.,  S.  J.  and  others,  and  now  in  the 
tenure  of  T.  T.,  containing acres,  together  with  all  and  sin- 
gular the  buildings,  improvements  and  other  the  premises  hereby 
demised,  with  the  appurtenances.  To  have  and  to  hold  the  same 
unto  the  said  W.  J.,  his  heirs  and  assigns,  from  the  first  day  of 
April  next  ensuing  the  date  hereof,  for  and  during  the  term  of 

years,  thence  next  ensuing,  and^lly  to  be  completed  and 

ended ;  the  said  W.  J.  yielding  and  paying  for  the  same  unto  the 

said  S.  S.,  his  heirs  and  assigns,  the  yearly  rent  or  sum  of 

dollars,  on  the day  of in  each  and  every  year  during 

the  term  aforesaid.  [If  the  rent  is  to  be  paid  in  produce,  after 
the  words,  fully  to  be  completed  and  ended,  say  as  follows,  or  as 
the  agreement  may  be :  "  The  said  W.  J.  yielding  and  paying 
thereout  unto  the  said  S.  S.,  his  heirs  and  assigns,  the  yearly  rent 
as  follows :  one  half  of  all  the  winter  grain,  one  third  of  all  the 
summer  grain  raised  and  growing  on  the  premises,  and  the  sum 
of  twenty  dollars  in  cash,  for  the  meadow  grass,  the  said  grain  to 
be  delivered  by  the  bushel  at  the  house  of  the  said  S.  S.,  in  good 
order  and  in  proper  season."]  And  at  the  expiration  of  the  said 
term  or  sooner  determination  thereof,  he,  the  said  W.  J.,  his  heirs 
and  assigns,  shall  and  will  quietly  and  peaceably  surrender  and 
yield  up  the  said  demised  premises  with  the  appurtenances,  unto 
the  said  S.  S.,  his  heirs  and  assigns,  in  as  good  order  and  repair 
as  the  same  now  are,  reasonable  wear,  tear  and  casualties  which 
may  happen  by  fire  or  otherwise  only  excepted.  In  witness 
whereof,  the  said  parties  have  hereunto  interchangeably  set  their 
hands  and  seals  the  day  and  year  above  written. 


Special  Covenants  in  a  Lease  not  to  pursue  certain  occupations. 

And  also,  that  he,  the  said  C.  D.,  his  executors,  administrators 
and  assigns,  shall  not,  nor  will,  at  any  time  during  the  continu- 
ance of  the  said  term,  permit  or  suffer  any  person  or  persons  to 


194  LEASE. 

use  or  follow,  in  and  upon  the  premises,  or  in  or  upon  any  part 
thereof,  the  trade  of  a  butcher,  soap  boiler,  brewer,  distiller,  tallow- 
chandler,  dyer,  &c.  &c.,  [as  the  case  may  be]  or  any  nauseous  or 
offensive  business  whatsoever,  without  the  license  and  consent  of 
the  said  A.  B.,  his  heirs,  executors,  administrators  or  assigns,  first 
had  and  obtained  in  writing,  for  that  purpose. 


Clause  to  be  inserted  in  a  Lease  to  inhabit  part  of  the  premises. 

And  also,  that  the  said  C.  D.,  shall  and  will  personally  inhabit 
and  occupy  the  said  messuage  or  farm-house,  with  the  appurte- 
nances, and  not  shut  up  or  desert  the  same  during  the  said  term. 


Clause  not  to  Assign  or  underlease. 

And  also,  that  the  said  C.  D.,  his  executors  and  administrators? 
shall  not  nor  will,  at  any  time  during  the  said  term,  assign  or  set 
over,  underlease  or  underlet  the  premises,  or  in  any  other  manner 
part  with  the  possession  or  occupation  of  the  same,  without  the 
special  license  of  the"  said  A.  B.,  his  heirs  or  assigns,  in  writing 
under  his  or  their  hands  a#d  seals,  first  had  and  obtained. 


Clause  to  be  inserted  in  a  Lease,  if  required,  that  Lessor  shall 
pay  the  taxes. 

That  he,  the  said  Samuel  Smith,  his  executors,  administrators 
and  assigns,  shall  and  will,  from  time  to  time,  and  at  all  times  du- 
ring the  said  term  hereby  granted,  well  and  truly  pay  or  allow 
out  of  the  rent  hereby  reserved,  all  rates,  taxes,  duties,  charges 
and  assessments  whatsoever,  that  shall  or  may  be  assessed,  charged, 
rated  or  imposed  on  the  said  hereby  demised  premises,  or  any 
part  thereof,  and  thereof  and  therefrom  save  harmless  and  keep 
indemnified  the  said  John  Jones,  his  executors,  administrators  and 
assigns,  and  also  his  and  their  goods  and  chattels,  lands  and  tdhe- 
ments. 


Clause  to  insure  the  premises  from  Fire,  and  to  rebuild  in  case 

of  Damage.  ^ 

And  that  he,  the  said  Richard  Clyde,  his  executori^^pminis- 
trators  and  assigns,  shall  and  will,  at  his  and  their  own  proper 
costs  and  charges,  from  time  to  time  sufficiently  insure  all  and 
every  the  messuages  or  tenements,  erections  or  buildings  which 
shall  be  erected  and  built  upon  the  said  piece  or  parcel  of  groimd 
hereby  demised,  or  any  part  thereof  from  casualties  by  fire,  during 
the  then  remainder  of  the  said  term  hereby  granted,  in  some  or 


LETTER  OF  ATTORNEY.  195 

one  of  the  public  offices  kept  for  that  purpose  in ,  and  in  case 

the  said  messuages  or  tenements,  erections  or  buildings,  or  any  of 
them,  or  any  part  of  any  pf  them,  shall  at  any  time  or  times  du- 
ring the  said  term  be  burnt  down,  destroyed,  or  damaged  by  fire,  ^ 
shall  and  will  from  time  to  time  immediately  afterwards  rebuild, 
or  well  and  sufficiently  repair  the  same. 


LETTER  OF  ATTORNEY. 
Remarks. 

A  letter  of  attorney  is  a  written  instrument  under  seal,  by 
which  one  or  more  persons  called  the  constituents,  authorize  one 
or  more  other  persons,  called  the  attorneys,  to  do  some  lawful  act 
by  the  latter,  for  or  instead,  and  in  the  place  of  the  former.  The 
authority  given  in  the  letter  of  attorney  is  either  general,  as  to 
transact  all  the  business  of  the  constituent ;  or  special,  as  to  do 
some  special  business,  particularly  named ;  as  to  collect  a  debt. 

It  is  either  revocable  or  irrevocable.  It  is  revocable  when  no 
interest  is  conveyed  to  the  attorney,  or  some  other  person.  It  is 
irrevocable,  when  the  constituent  conveys  a  right  to  the  attorney 
in  the  matter,  which  is  the  subject  of  it ;  as  when  it  is  given  as 
part  security.  2  Esp.  R.  565.  If  the  letters  of  attorney  are  to 
be  put  upon  record,  they  must  be  acknowledged. 

General  form  of  Letter  of  %^ttorney  to  receive  Debts. 

Know  all  men  by  these  presents,  That  I,  A.  B.,  of  the  borough 
of  Reading,  in  the  County  of  lierks,  and  State  of  Pennsylvania, 
merchant,  have  made,  constituted  and  appointed,  and  by  these 
presents  do  make,  constitute  and  appoint,  and  in  my  place  and 
stead  put  and  depute,  C.  D.,  of  the  city  of  Philadelphia,  and  state 
aforesaid,  merchant,  my  true  and  lawful  attorney,  for  me,  and  in 
my  name,  and  for  my  use,  to  ask,  demand,  sue  for,  recover  and 
receive,  all  such  sum  or  sums  of  money,  debts,  goods,  wares,  and 
other  demands  whatsoever,  which  is  or  shall  be  due,  owing,  pay- 
able and  belonging  to  me,  by  any  manner  or  means  whatsoever, 
especially,  &c.  [Here  state  particularly  what  the  attorney  is  re- 
quired to  execute.] 

Giving  and  granting  unto  my  said  attorney,  by  these  presents, 
my  full  and  whole  power,  strength  and  authority,  in  and  about 
the  premises ;  to  have,  use,  and  take  all  lawful  ways  and  means, 
in  my  name,  for  the  purposes  aforesaid  ;  and  upon  the  receipt  of 
any  such  debts,  dues,  or  sums  of  money,  [as  the  case  may  be], 
acquittances,  or  other  sufficient  discharges,  for  me,  and  in  my 
name,  to  make,  seal  and  deliver. 

And  generally,  all  and  every  other  act  or  acts,  thing  and  things. 


196  LETTER  OF  ATTORNEY. 

device  and  devices,  in  the  law,  whatsoever,  needful  and  necessary 
to  be  done,  in  and  about  the  premises,  for  me  and  in  my  name,  to 
do,  execute  and  perform,  as  fully,  largely  and  amply,  to  all  intents 
and  purposes,  as  I  myself  might  or  could  do,  if  personally  present; 
and  attorneys  one  or  more  under  him,  for  the  purpose  aforesaid, 
to  make  and  constitute,  and  again  at  pleasure  to  revoke. 

Hereby  ratifying,  allowing,  and  holding  for  firm  and  effectual, 
all  and  whatsoever  my  said  attorney  shall  lawfully  do,  in  and 
about  the  premises,  by  virtue  hereof.  In  witness  whereof,  I  have 
hereunto  set  my  hand  and  seal,  this  tenth  day  of  January,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  thirty -seven. 


Letter  of  Attorney  to  receive  Money  on  a  Bond. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  the  borough 
of  Reading,  and  State  of  Pennsylvania,  hatter,  do  make,  consti- 
tute and  appoint  C.  D.,  of  the  city  of  Baltimore,  in  the  State  of 
Maryland,  my  true  and  lawful  attorney,  for  me  and  in  my  name, 
to  ask,  demand  and  receive  from  E.  F.,  of  the  city  of  Baltimore 
aforesaid,  the  sum  of  "three  hundred  dollars,  due  unto  me,  in  and 

by  a  certain  bond  or  obligation,  bearing  date  the  day  of 

,  and  upon  non-payment  thereof,  to  have,  use,  and  take  all 

lawful  ways  and  means  in  my  name,  or  otherwise,  for  the  reco- 
very of  the  same,  with  the  interest  thereon,  if  any  be  due,  by 
attachment,  bill,  plaint,  arrest  or  otherwise.  In  witness  whereof, 
I  have  hereunto  set  my  hand  and  seal,  this  tenth  day  of  May, 
A.  D.  one  thousand  eight  hundred  and  forty-four. 


General  Letter  of  Substitution. 

To  all  people  to  whom  these  presents  shall  come :  Whereas  A. 
B.,  of  the  city  of  New  Orleans,  and  state  aforesaid,  merchant,  in 
and  by  a  certain  instrument  of  writing  or  letter  of  attorney,  bear- 
ing date  the  first  day  of  January,  one  thousand  eight  hundred  and 
twenty-nine,  did  make,  constitute  and  appoint,  C.  D.  to,  &c.  [as 
in  the  original  power,]  as  in  and  by  the  said  letter  of  attorney, 
(recorded,  or  intended  to  be  recorded,  &c.)  relation  being  there- 
unto had  appears.  Now  know  ye.  That  the  said  C.  D.  has  made, 
appointed,  substituted,  and  by  these  presents,  by  virtue  of  the 
power  and  authority  given  to  him  by  the  said  recited  letter  of 
attorney,  doth  make,  appoint,  and  substitute,  E.  F.,  of,  &c.,  to  be 
the  true  and  lawful  attorney  of  the  said  A.  B.,  the  constituent  in 
the  foregoing  letter  of  attorney  named,  to  do,  execute,  and  per- 
form, all  such  acts,  deeds,  matters  and  things,  as  shall  and  may  be 
requisite  and  necessary  to  be  done  and  performed,  for  effecting 
the  purposes  and  object  in  the  said  letter  of  attorney  contained, 
as  fully  and  effectually  in  all  respects,  and  to  all  intents  and  pur- 


t 


LETTER  OF  ATTORNEY.  "         197 

poses,  as  I  myself  might  or  could  do  in  virtue  of  the  power  and 
authority  aforesaid,  if  personally  present,  hereby  ratifying  and 
confirming  all  and  whatsoever  my  said  substitute  may  lawfully  do 
in  virtue  hereof.     In  witness,  &c. 


Letter  of  Revocation,  Si'C. 

To  all  people  to  whom  these  presents  shall  come ;  I,  A.  B.,  of,. 
&c.,  send  greeting :  Whereas,  I,  the  said  A.  B.,  did  heretofore,  by 
a  certain  instrument  in  writing,  or  letter  of  attorney,  empower  C. 
D.,  of,  &c.,  to  be  my  attorney,  in  my  name  and  for  my  use,  to  re- 
cover and  receive  all  such  moneys,  debts  and  effects  whatsoever, 
as  were  due,  owing  or  payable  unto  me,  by,  &c.  [as  in  the  power.] 
And  to  do  all  other  matters  and  things,  as  fully  as  I  myself  might 
or. could  do,  for  that  purpose,  &c.  or  to  that  or  the  like  effect,  as 
by  the  same  writing,  relation  being  thereunto  had,  at  large  ap- 
pears. Now  know  ye.  That  I,  the  said  A.  B.,  for  divers  good 
causes  and  valuable  considerations  me  thereunto  moving,  have 
revoked,  recalled,  countermanded,  and  made  void,  and  by  these 
presents  do  revoke,  recal,  countermand,  and  to  all  intents  and  pur- 
poses, make  null,  void  and  of  none  effect,  the  said  recited  writing, 
or  letter  of  attorney,  and  all  powers  and  authorities  therein  and 
thereby  given  and  granted;  and  all  other  matters  and  things 
therein,  or  in  any  of  them  contained;  and  all  acts,  matters  and 
things  whatsoever,  which  shall  or  may  be  acted,  done  or  per- 
formed, by  virtue  or  means  thereof  in  any  manner  whatsoever  : 
[Here  conclude,  In  witness  whereof,  &c.  But  if  another  attorney 
is  appointed,  then  continue  as  follows:] 

And  further  know  ye,  that  I,  the  said  A.  B.,  do  by  these  pre- 
sents, make,  name,  constitute  and  appoint,  and  in  my  place  and 
stead,  put  and  depute  J.  R.,  of,  &c,,  to  be  my  true  and  lawful  attor- 
new,  irrevocable,  for  me  and  in  my  name,  &c.,  [proceed  as  in  a 
common  letter  of  attorney]. 


Letter  of  t^ttorney  to  receive  Dividends  of  Stock. 

Know  all  men  by  these  presents.  That  I,  A.  B.,  of  the  city  of 
Lancaster,  and  State  of  Pennsylvania,  brewer,  do  make,  consti- 
tute and  appoint,  C.  D.,  of  the  city  of  Washington,  in  the  District 
of  Columbia,  Esquire,  my  true  and  lawful  attorney,  for  me  and 
in  my  name,  to  receive^  the  dividends  which  are  or  shall  be  pay- 
able, according  to  law,  on  all  the  stock  standing  in  my  name,  in 
the  books  of  the  Treasury  of  the  United  States,  [or  in  the  books 
of  the  Loan  Office,  or  Bank  of,  &c.,  as  the  case  may  be]  with 
the  power  also,  to  make  and  substitute  an  attorney  or  attorneys 
under  him,  for  that  purpose ;  and  to  do  all  lawful  acts  requisite 
for  effecting  the  premises;  hereby  ratifying  and  confirming  all  that 


198  LETTER  OF  ATTORNEY. 

my  said  attorney,  or  his  substitutes,  shall  lawfully  do,  by  virtue 
hereof.     In  witness,  &c. 


To  receive  the  back  Pay  of  a  Deceased  Soldier. 

Know  all  men  by  these  presents,  That  I,  Mary  Bond,  adminis- 
tratrix of  all  and  singular  the  goods  and  chattels,  rights  and  cre- 
•  dits,  which  were  of  Abel  Bond,  late  a  private  in  the  fourth  company 
and  sixth  regiment  of  infantry  of  the  army  of  the  United  States, 
deceased,  who  died  intestate,  have  made,  constituted  and  appoint- 
ed, and  by  these  presents,  do  make,  constitute  and  appoint,  John 
Wilson,  of  the  county  of  Dauphin  and  State  of  Pennsylvania, 
Esquire,  my  true  and  lawful  attorney,  for  me  and  in  my  name 
and  for  my  use,  to  ask,  demand  and  receive,  from  the  proper  offi- 
cer of  the  United  States  authorized  to  settle  and  pay  all  such  sum 
or  sums  of  money  or  arrearages  of  pay  due  and  coming  unto  my 
late  husband,  the  said  Abel  Bond,  deceased,  giving  and  granting 
unto  my  said  attorney  my  whole  strength  and  power  in  the  pre- 
mises, hereby  ratifying  and  confirming  all  that  my  said  attorney 
shall  lawfully  do  by  virtue  hereof.     In  witness,  &c. 


To  Receive  a  Legacy. 

To  all  people  to  whom  these  presents  shall  come ;  I,  Daniel 
Brown,  of,  &c.,  and  Sarah  my  wife,  (late  Sarah  Wilson,)  one  of 
the  daughters  and  legatees  named  in  the  last  will  and  testament 
of  Hugh  Wilson,  late  of,  &c.,  deceased,  send  greeting :  Whereas, 
the  said  Hugh  Wilson,  in  and  by  his  last  will  and  testament,  bearing 
date  the  second  day  of  February,  A.  D.  1829,  did,amongst  other 
things,  give  and  bequeath  unto  his  said  daughter,  the  sura  of  five 
hundred  dollars,  payable  in  six  months  after  his  decease,  [or  did 
give  and  bequeath  to  her  an  equal  share  of  his  estate,  as  the  case 
may  be.]  And  of  his  said  will  appointed  James  Freeman,  exe- 
cutor, as  in  and  by  the  said  will  duly  proved,  and  remaining  in 
the  register's  office  at  Sunbury,  in  and  for  the  county  of  North- 
umberland, relation  being  thereunto  had,  appears. 

Now  know  ye.  That  I,  the  said  Daniel  Brown,  and  Sarah  my 
wife,  have  made,  constituted  and  appointed,  and  by  these  pre- 
sents do  make,  constitute  and  appoint,  Charles  Davis,  of  the 
borough  of  Easton,  in  the  comity  of  Northampton,  our  true  and 
lawful  attorney,  for  us  and  in  our  names,  and  for  our  use,  to  ask, 
demand,  sue  for,  recover,  and  receive,  of  and  from  the  said  James 
Freeman,  executor  as  aforesaid,  or  in  whose  hands  soever  the 
same  may  be  found,  the  said  legacy  or  bequest  mentioned  in  the 
said  will,  and  also  all  such  other  sum  or  sums  of  money,  debts, 
goods,  wares,  and  demands  whatsoever,  which  are  or  shall  be 
due,  owing,  payable,  and  belonging  to  us  by  anjr  means  whatso- 


4< 


LETTER  OF  ATTORNEY-  !:Tl?^199 

ever,  for  or  on  account  of  her  full  share,  part,  or  dividend  of  the 
estate  aforesaid.  Giving  and  granting,  &c.  [as  in  the  first  letter 
of  attorney.] 

Letter  of  Jittornty  to  convey  Lands. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of,  &c.,  have 
made,  constituted  and  appointed,  and  by  these  presents  do  make, 
constitute  and  appoint,  and  in  my  place  and  stead  put  and  depute 
C.  D.,  of,  &c.,  my  true  and  lawful  attorney,  for  me,  and  in  my 
name,  place  and  stead,  to  grant,  bargain  and  sell  all  that  mes- 
suage, &c.,  [here  describe  the  premises]  with  the  appurtenances  ; 
and  all  my  estate,  right,  title  and  interest  therein,  unto  such  per- 
son or  persons,  and  for  such  price  or  prices,  as  he  shall  think  pro- 
per ;  and  also,  for  me  and  in  my  name,  place  and  stead,  and  as 
my  proper  act  and  deed,  to  sign,  seal,  deliver  and  acknowledge, 
all  such  deed  or  deeds  of  conveyance,  as  shall  be  necessary  for 
the  absolute  granting  and  assuring  of  the  premises,  unto  the  pur- 
chaser or  purchasers,  in  fee  simple.  Giving,  &c.  [as  in  the  first 
letter  of  attorney.] 

To  Acknowledge  a  Deed. 

Know  all  men  by  these  presents.  That  1,  the  within-named  A. 
B.,  do  hereby  nominate  and  appoint  C.  D.,  E.  F.  and  G.  H.,  all  of 

Washington  county,  in  the  State  of  Virginia,  or  any  one  of  them, 
my  true  and  lawful  attorneys,  for  me,  and  in  my  name,  to  acknow- 
ledge the  within  deed,  and  the  lands  and  tenements  therein  men- 
tioned, to  be  the  estate  and  property  of  the  within-named  I.  K. 
In  witness,  &c. 

Short  Letter  of  Attorney  to  transfer  Stock. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of,  &c.,  do  make, 
constitute  and  appoint,  C.  D.,  of,  &c,,  my  true  and  lawful  attor- 
ney, for  me  and  in  my  name,  to  transfer  and  assign  unto  E.  F., 
ten  shares  of  stock,  in  the  Exchange  Bank  of  Pittsburgh,  stand- 
ing in  my  name,  in  the  books  of  said  bank :  and  to  do  all  neces- 
sary acts,  and  to  make  the  necessary  acquittances  to  effect  the 
premises,  hereby  ratifying  and  confirming  all  my  said  attorney 
shall  lawfully  do,  by  virtue  hereof.     In  witness,  &c. 


From  the  President  and  Directors  of  a  Corporation,  to  collect 

Debts. 

Know  all  men  by  these  presents,  that  we,  the  President,  Direct- 
ors and  Company,  of  the  Bank,  for  us  and  our  successors, 


m. 


200  LETTER  OF  ATTORNEY. 

have  made,  constituted  and  appointed,  and  do,  by  virtue  hereof, 

make,  constitute  and  appoint,  A.  B.,  of ,  Gent.,  C.  D.,  of , 

Esq.,  and  E.  F.,  of ,  Gent.,  jointly,  or  any  two  of  them, 

whereof  the  said  A.  B.  to  be  one,  our  sufficient  and  lawful  attor- 
neys', for  us  and  in  our  name  and  to  our  use,  to  demand,  recover 
and  receive,  all  and  singular  the  sum  and  sums  of  money  now 
due,  payable,  and  coming  unto  us,  or  our  successors,  by  virtue  of 
any  mortgages,  promissory  notes,  contracts  or  engagements,  in 
deed,  or  in  law,  now  in  being,  from  any  person  or  persons  what- 
soever :  Hereby  giving  and  granting  to  our  said  attorneys,  and 
to  any  two  of  them,  whereof  the  said  A.  B.  to  be  one,  full  power 
and  authority  to  institute  and  pursue  unto  final  judgment  and 
execution,  any  process  or  suit,  processes  or  suits,  which  our  said 
attorneys  or  any  two  of  them,  whereof  the  said  A.  B.  to  be  one, 
shall  deem  expedient ;  and  in  such  suit  or  process,  suits  or  pro- 
cesses, for  us  to  appear,  and  us  to  represent  before  any  court  or 
courts  having  jurisdiction,  and  therein  to  plead  for  us,  and  all 
stipulations  or  other  requisites,  in  any  such  suit  or  process,  in  our 
name  and  behalf,  to  make,  allow  and  establish,  at  their  discretion 
or  at  the  discretion  of  any  two  of  them,  whereof  the  said  A.  B. 
to  be  one  to  submit  to  arbitration  or  any  compromise  whatsoever, 
any  matter  in  dispute;  and  of  all  receipts,  due  acquittances,  in 
our  name  and  stead,  as  our  deed  or  deeds,  to  make,  seal  and  de- 
liver. Hereby  ratifying  and  confirming  whatever  our  said  attor- 
neys, or  any  two  of  them,  whereof  the  said  A.  B.  to  be  one,  may 
lawfully  do,  by  virtue  hereof,  in  the  premises. 

In  testimony  whereof,  we,  W.  W.,  President,  and  X.  Y.  and 
Z.,  Directors  of  the  said  Bank,  hereunto  duly  authorized  by  a  vote 
of  the  said  company,  pursuant  to  the  act  incorporating  the  said 
company,  have  subscribed  our  nam,gs,  and  by  the  hands  of  the 
:^id  W.  W.,  affixed  the  seal  of  thfe  said  bank,  this  sixth  day 
of . 


*^  short  Letter  of  Attorney  to  deliver  possession  of  Lands. 

Know  all  men,  &c., for  me,  and  in  my  name  and  stead,  to 

enter  into  all  those  messuages,  lands,  tenements,  &c.,  situate  in 

,  and  after  such  entry,  in  my  name  and  stead,  to  deliver 

peaceable  possession  and  seisin  of  and  in  the  said  messuages, 
lands,  tenements  and  hereditaments,  and  their  appurtenances,  to 

E.  F.,  of ,  yeoman,  or  his  heirs,  or  to  his  or  their  attorney,  to 

his  and  their  use,  according  to  the  form,  tenour  and  effect  of  a  cer- 
tain deed,  by  me  to  the  said  E.  F.  made,  the  date  whereof  is,  &c., 
as  by  inspection  thereof  will  more  fully  appear ;  and  generally 
to  do  all  and  every  act  and  acts,  thing  and  things  whatsoever, 
necessary  to  making  quiet  entry  and  giving  peaceable  possession 
and  seisin  as  aforesaid :  Hereby  ratifying,  &c.     In  testimony,  &c. 


LETTER  OF  ATTORNEY.  .  201 


•5  general  Letter  of  t&ttorney,  to  receive  Debts. 

Know  all  men  by  these  presents,  That  I,  A.  B.,  &c.,  have  made, 
constituted  and  appointed,  and  by  these  presents  do  make,  &c., 
C.  D.,  &c.,  my  true  and  lawful  attorney,  for  me  and  in  my  name, 
and  to  my  use,  to  ask,  demand,  sue  for,  recover  and  receive  ot 
E.  E.,  &c.,  all  and  every  such  sum  and  sums  of  money,  debts 
and  demands  whatsoever,  as  now  are  due  and  owing  unto  me, 
the  said  A.  B.,  by  and  from  the  said  E.  E. ;  And  in  default  of 
payment  thereof,  to  have,  use,  and  take,  all  lawful  way^  and 
means,  in  my  name,  or  otherwise,  for  the  recovery  thereof,  by 
attachment,  arrest,  or  otherwise,  and  to  compound  and  agree  for 
the  same :  And  on  receipt  thereof,  acquittances,  or  other  sufficient 
discharges,  for  the  same,  for  me  and  in  my  name,  to  make,  seal 
and  deliver:  And  to  do  all  lawful  acts  and  things  whatsoever, 
concerning  the  premises,  as  fully  in  every  respect,  as  I  myself 
might  or  could  do,  if  I  were  personally  present ;  and  an  attorney 
or  attorneys  under  him,  for  the  purposes  aforesaid,  to  make,  and 
at  his  pleasure  to  revoke ;  hereby  ratifying,  allowing  and  confirm- 
ing all  and  whatsoever  my  said  attori>ey  shall,  in  my  name,  law- 
fully do,  or  cause  to  be  done,  in  and  about  the  premises,  by  virtue 
of  these  presents.     In  witness,  &c. 

Note. — If  there  are  two  attorneys,  say, B.,  &c.,  and  C, 

&c.,  jointly,  and  either  of  them  severally,  to  be  my  true  and  law- 
ful attorneys  and  attorney,  for  me,  &c. 

From  one  to  his  Wife^  to  receive  Wages,  4*c. 

I,  T.  B., do  constitute  and  appoint  my  wife,  A.  R.,  my 

true  and  lawful  attorney,  for  me,  and  in  my  name,  and  for  my 
use,  to  ask,  demand  and  receive,  of  and  from  all  and  every  person 
and  persons  whatsoever,  as  well  all  such  sum  and  sums  of  money 
as  now  are,  or  which  shall  or  may  at  any  time  hereafter  become 
due  and  owing  to  me  for  wages;  from  (any  ship  or  ships  to  which 
I  now  do  or  may  belong;)  as  also  all  and  other  moneys  now  due, 
or  to  become  due  and  owing  to  me  by  any  other  ways  or  means 
whatsoever;  and  upon  non-payment  either  of  the  whole  or  of 
any  part  of  the  said  pay,  I  do  hereby  authorize  and  empower 
my  said  wife  to  bring  a  suit  or  suits  in  law,  in  my  name,  for  the 
recovery  thereof. 

In  witness  whereof,  I  have  hereunto  set  and  affixed  my  hand 
and  seal,  this day  of,  &c. 

To  receive  Principal  and  Interest  of  the  Public  Debt. 

Know  all  men  by  these  presents.  That  I,  G.  C,  of  ,  do 

make,  constitute  and  appoint,  J.  R.,  of  ,  my  true  and  lawful 


202  LETTER  OF  ATTORNEY. 

attorney,  for  me  and  in  my  name,  to  receive  the  dividends  which 
are  or  shall  be  payable  according  to  law,  on  the  [here  describe  the 
stock]  standing  in  my  name,  in  the  books  of  the  Treasurer  of  the 

United  States,  [or  the  commissioner  of  the  loans, as  the  case 

may  be]  from  the day  of to  the day  of ,  with 

power  also  to  make  and  substitute  an  attorney  or  attorneys  under 
him  for  that  purpose,  and  to  do  all  lawful  acts  requisite  for  effect- 
ing the  premises,  hereby  ratifying  and  confirming  all  that  my  said 
attorney  or  his  substitute  shall  lawfully  do  by  virtue  hereof.  In 
witness  whereof,  &c. 


A  Letter  of  Jlttorney  to  make  Partition. 

Know  all  men,  &c.,  that  I,  A.  B.,  &c.,  have  made,  constituted 
and  appointed,  C.  D.,  &c.,  my  true,  &c.,  attorney  for  me,  and  in 
my  name  and  behalf,  to  make  partition  and  division  with  the  other 
heirs  of  my  late  father,  deceased,  of  his  estate,  real  and  personal, 
and  my  share  and  part  of  his  personal  estate,  to  accept  and  re- 
ceive: and  upon  any  partition  or  division  to  enter  upon,  and  take 
possession  of  any  lands,  tenements  or  hereditaments,  which  may 
be  set  off  to  me  as  my  share  and  purpart  of  the  real  estate  afore- 
said :  and  to  enter  into  any  covenant  or  agreement  respecting  my 
share  and  purpart  of  his  estate,  real  or  personal,  which  my  said 
attorney  shall  think  reasonable  and  for  my  interest ;  and  in  my 
name  and  for  my  use,  to  demand,  sue  for,  recover,  receive,  and 
take  possession  of  all  and  singular  lands,  tenements  and  heredita- 
ments, sum  and  sums  of  money,  goods  and  chattels,  withheld 
from  me,  to  which  I  am  entitled,  and  which  I  may  lawfully  claim 
from  the  heirs,  executors  or  administrators  of  my  said  father,  or 
any  other  person  or  persons  whatsoever.  [Add  a  power  to  ap- 
pear before  courtSy  &c.,  a  power  of  substitution,  and  a  covenant 
to  ratify,  &c.)     In  witness,  &c. 


To  Attorney  at  Law  to  appear  to  suit  for  Defendant. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  the  city  of 
Lancaster,  do  hereby  make,  appoint  and  constitute  C.  D.,  Esq.,  of 
the  borough  of  Meadville,  my  good  and  lawful  attorney,  in  law 
and  in  fact,  to  appear  for  me  in  a  certain  plea,  pending  in  the 
Court  of  Common  Pleas,  wherein  E.  F.  is  plaintiff,  and  I,  the  said 
A.  B.,  am  defendant;  and  take  defence,  and  use  all  lawful  ways 
and  means,  in  my  name,  therein,  in  as  full  and  effectual  a  manner 
as  I  could  do,  if  personally  present  in  the  said  court ;  hereby  con- 
firming and  sanctioning  whatsoever  my  said  attorney  in  the  said 
plea,  touching  the  defence  thereof,  may  do,  according  to  law,  in 


LETTER  OF  ATTORNEY.  203 

the  premises.    Witness  my  hand  and  seal,  this  tenth  day  of  Janu- 
ary, one  thousand  eight  hundred  and  forty-five. 


A.  B. 


By  Flaintiff  to  institute  a  Suit. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  the  city  of 
Pittsburgh,  do  hereby  make,  constitute  and  appoint  C.  D.,  Esq., 
of  the  city  of  Philadelphia,  my  good  and  lawful  attorney,  in  law 

and  in  fact,  to  institute  for  me,  and  in  my  name,  a  plea  of 

against  a  certain  E.  F.,  in  a  proper  and  convenient  court  of  law  ; 
and  the  same  to  conduct  to  trial  and  judgment  in  as  speedy  a 
manner,  as  the  said  C.  D.  reasonably  can ;  and  to  conduct  the 
prosecution  of  the  said  suit  or  action  so  to  be  brought ;  and  use 
all  lawful  ways  and  means,  in  my  name  therein,  in  as  full  and 
effectual  a  manner  as  I,  the  said  A.  B.  could  do,  if  personally  pre- 
sent ;  hereby  confirming  and  sanctioning  whatsoever  my  said 
attorney,  in  the  said  plea,  touching  the  prosecution  thereof,  may 
do,  according  to  law,  in  the  premises.  Witness  my  hand  and 
seal,  this  tenth  day  of  December,  one  thousaud  eight  hundred  and 
forty-four. 

A.  B. 


By  Plaintiff,  to  conduct  Suit  already  brought. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of  the  borough 
of  Carlisle,  do  hereby  make,  constitute  and  appoint  C.  D.,  Esq., 
of  Erie,  my  good  and  lawful  attorney,  in  law  and  in  fact,  to  ap- 
pear for  me,  in  a  certain  plea  or  action,  commenced  and  pending 
in  the  Erie  County  Court  of  Common  Pleas,  wherein  I,  the  said 
A.  B,,  am  plaintiff,  and  a  certain  E.  F.,  is  defendant ;  and  to  con- 
duct the  prosecution  of  the  said  plea  or  action,  so  as  aforesaid 
brought;  and  use  all  lawful  ways  and  means,  in  my  name  therein, 
in  as  full  and  effectual  a  manner  as  I  could  do,  if  personally  pre- 
sent; hereby  confirming  and  sanctioning  whatsoever  my  said 
attorney  in  the  said  plea,  touching  the  prosecution  thereof,  may 
do  according  to  law,  in  the  premises.    Witness,  &c. 


204      LETTERS  OF  LICENSE.— LETTERS  OF  CREDIT. 

LETTERS  OF  LICENSE. 

Bemarks. 

A  letter  of  license  is  an  instrument  or  writing  made  by  creditors 
to  their  debtor,  by  which  they  bind  themselves  to  allow  him  longer 
time  than  he  had  a  right  to,  for  the  payment  of  his  debts ;  and 
that  they  will  not  arrest  or  molest  him  in  his  person  or  property, 
till  after  the  expiration  of  such  additional  time. 

Letter  of  License  from  Creditors. 

Know  all  men  by  these  presents,  that  we,  who  have  hereunto 
set  our  hands  and  seals,  creditors  of  S.  R.,  of  the  city  of  Philadel- 
phia, grocer,  taking  into  consideration,  that  by  reason  of  losses 
and  misfortunes,  he,  the  said  S.  R.,  has  not  at  present  wherewith 
to  pay  and  satisfy  us  our  several  debts,  do  therefore,  upon  the 
request  of  him,  the  said  S.  R.,  severally  and  respectively  agree, 
and  bind  ourselves,  our  heirs,  executors  and  administrators,  to 
accept  and  take  of  him,  the  said  S.  R  ,  all  such  debts  and  sums  of 
money  as  he  doth  owe  unto  us,  and  every  of  us,  respectively,  by 
four  even  and  equal  payments  or  portions,  that  is  to  say :  The 
first  payment  to  be  made  in  one  year,  now  next  ensuing  the  date 
hereof;  the  second  payment  in  two  years  now  next  ensuing;  the 
third  payment  in  three  years  now  next  ensuing ;  and  the  last  pay- 
ment or  residue  of  such  debts  to  be  made  within  four  years  now 
next  ensuing. 

And  we  do  further  severally  and  respectively  agree,  not  to  ar- 
rest, sue,  implead,  attach  or  prosecute,  by  any  manner  of  ways. 
or  means  whatsoever,  the  said  S.  R.,  or  his  goods  or  effects,  un- 
less default  shall  happen  to  be  made,  in  payment  of  the  debts 
aforesaid,  on  the  several  days  and  times  above  limited,  under  for- 
feiture and  loss  of  such  of  our  debts  and  sums  of  money,  as  we 
shall  so  arrest,  sue,  implead,  attach  or  prosecute.     Witness,  &c. 


LETTERS  OF  CREDIT. 
For  Goods. 

Carlisle,  May  12,  1844. 
Messrs.  A.  &  B.,  Merchants,^ 
Pittsburgh.     3 
Gentlemen, 

Please  to  deliver  Mr.  C.  D.,  of  Amity,  or  to  his  order,  goods 
and  merchandise,  to  an  amount  not  exceeding  in  value  in  the 
whole,  two  hundred  dollars ;  and  on  your  so  doing,  I  hereby  hold 


MARRIAGES.  205 

myself  accountable  to  you  for  the  payment  of  the  same,  in  case 
Mr.  C.  D.  should  not  be  able  to  do  so,  or  should  make  default,  of 
which  default  you  are  required  to  give  me  reasonable  and  proper 
notice.  Your  obedient  servant, 

E.  F. 


For  a  limited  sum  of  money. 

Pittsburgh,  June  20,  1844, 
Sir, 

I  hereby  undertake  to  guarantee  to  you,  the  re-payment  of  all 
sums  of  money  which  you  may  advance  to  C.  D.,  the  bearer 
hereof,  not  exceeding  in  the  whole  five  hundred  dollars,  within 
one  year  from  the  date  hereof,  with  interest. 

Yours,  &c. 

E.  F. 
To  A.  B.,  Philadelphia. 


MARRIAGES. 

Remarks. 

No  person  is  confined  to  the  following  form,  but  is  at  liberty 
to  use  the  one  most  satisfactory  to  himself,  provided  that  form 
requires  the  parties  to  acknowledge  themselves  before  witnesses 
to  be  man  and  wife.  The  following  requisites  arp  essential,  viz  : 
1st.  They  must  be  willing  to  contract.  Those  persons,  therefore, 
who  have  no  legal  capacity  in  point  of  intellect,  to  make  a  con- 
tract, cannot  legally  marry,  as  idiots,  lunatics  and  infants,  males 
under  the  age  of  fourteen,  and  females  under  the  age  of  twelve  ; 
and  when  minors  over  those  ages  marry,  they  must  have  the  con- 
sent of  their  parents  or  guardians.  2d.  Generally,  all  persons 
who  are  of  sound  mind,  and  have  arrived  to  years  of  maturity, 
are  able  to  contract  marriage.  To  this  general  rule,  however, 
there  are  some  exceptions,  among  which  may  be  mentioned  the 
following.  The  previous  marriage  of  the  party  to  another  per- 
son, who  is  still  living,  and  not  having  been  divorced;  and  con- 
sanguinity or  affinity  between  the  parties  within  the  prohibited 
degree.  3d.  The  parties  must  not  only  be  willing  and  able,  but 
must  have  actually  contracted  in  due  form  of  law.  The  common 
law  requires  no  particular  ceremony  to  the  valid  celebration  of 
marriage.  The  consent  of  the  parties  is  all  that  is  necessary,  and 
as  marriage  is  said  to  be  a  contract /wre  gentium,  that  consent  is 
all  that  is  needful  by  natural  law.  If  the  contract  be  made  per 
verba  de  presenti,  or  if  made  per  verba  de  futuro,  and  followed 
by  consummation,  it  amounts  to  a  valid  marriage,  and  which  the 
s    . 


206  MARRIAGES. 

parties  cannot  dissolve,  if  otherwise  competent;  and  it  is  not 
strictly  necessary  in  Pennsylvania  that  a  clergyman,  a  magistrate, 
or  other  officer  should  be  present,  to  give  validity  to  the  marriage; 
the  consent  of  the  parties  may  be  declared  simply  before  wit- 
nesses. 

Marriage  is  a  civil  contract,  which  may  be  completed  by  any 
words  in  the  present  tense,  without  regard  to  form.  Hantz  vs. 
Sealy,  6  Binn.  405;  8  S.  &  R.  62 ;  2  Watts,  9. 

Custom,  however,  will  probably  always  require  the  marriage 
ceremony  to  be  performed  by  a  clergyman,  a  magistrate,  or  other 
officer,  duly  authorized,  by  reason  of  the  sacredness  of  the  insti- 
tution. The  contract  of  marriage  and  the  law  of  divorce,  are 
taken  from  the  Scottish  iaw.  See  Erskine's  Scot.  Inst,  page 
64,  &c. 

There  was  an  act  in  Pennsylvania,  as  early  as  1700,  for  the 
preventing  of  clandestine  marriages;  1  Smith,  p.  21 ;  also  a  supple- 
ment to  the  same  act,  14th  Feb.,  1730, 1  Smith,  p.  180,w*hich  are 
still  in  force,  and  to  which  I  would  call  the  attention  of  those  who 
perform  the  marriage  ceremony. 

The  provisions  of  the  acts  of  1700  and  1730,  requiring  all  mar- 
riages to  be  solemnized  in  the  presence  of  twelve  witnesses,  and 
to  be  preceded  by  the  publication  of  banns,  are  only  directory  ; 
and  a  non-compliance  with  them  does  not  invalidate  a  marriage. 
Rodebaugh  m.  Sanks,  2  W.  9.  The  acts  of  1700  and  1730,  to 
prevent  clandestine  marriages,  are  not  obsolete  in  respect  to  the 
provision  for  the  publication  of  banns.  Helfenstein  vs.  Thomas, 
5  R.  209. 

In  an  action  against  a  clergyman  to  recover  the  penalty  given 
by  the  act  of  1730,  the  burthen  of  proof  lies  on  the  plaintiff,  tp 
show  that  there  was  no  publication  of  banns.  Ibid.  I  take  it  to 
be  a  sound  construction  of  the  statute,  to  hold  the  minister  or 
justice  irresponsible,  wherever  the  parent  has  actually  given  his 
consent,  whether  in  the  formof  a  certificate,  or  verbal  declaration. 
Rodebaugh  vs.  Sanks,  2  W.  9.  Where  it  appeared  that  the  plain- 
tiff, about  a  week  before  the  marriage,  asked  his  daughter  why 
she  did  not  get  married,  and  recommended  to  her  to  marry  I.  S., 
it  was  held  that  he  could  not  maintain  an  action  against  a  clergy- 
man who  married  her  to  I.  S.,  although  no  certificate  of  consent 
was  produced,  and  the  verbal  declarations  of  the  father  were  not 
communicated  to  him.  2  W.  9. 

It  is  not  necessary  that  the  plaintiff  should  show  that  he  has 
sustained  any  actual  specific  damage.  It  is  sufficient  that  the  mar- 
riage is  an  unjustifiable  interference  with  the  relation  existing 
between  the  parent  and  his  offspring,  and  in  that  respect  a  griev- 
ance in  contemplation  of  law.  Donahue  vs.  Dougherty,  5  R.  124. 

It  is  not  a  defence  to  •  such  action  that  the  clergyman  miscon- 
ceived the  age  of  the  infant.  5  R.  124. 

In  debt  for  the  penalty  on  the  supplement  to  the  act  against 


MARRIAGES.  *'  809 

clandestine  marriages,  the  jury  must  find  the  whole  amount  of 
the  penalty.     Macklin  vs.  Taylor,  212,  214. 

It  seems  a  declaration  for  the  penalty  of  £50,  in  such  action, 
must  lay  the  marriage  to  have  taken  place  without  publication ; 
and  a  declaration  against  the  defendant  for  joining  the  parties  in 
marriage,^  without  having  a  certificate,  would  be  bad ;  the  first 
section  which  requires  a  certificate  imposing  no  penalty.  Huston 
vs.  Ayres,  346.  Only  one  penalty  can  be  recovered  against  a  jus- 
tice, or  other  person  for  joining  two  persons  in  marriage  contrary 
to  the  act,  and,  therefore,  if  the  parent  of  one  of  the  parties  has 
already  recovered  the  penalty,  no  action  can  be  maintained  for  it 
by  the  parent  of  the  other  party.  Hill  vs.  Williams,  14  S.  & 
R.  387. 

Form  for  a  Marriage  Ceremont/. 

• 

We  are  gathered  together  here,  in  the  sight  of  God,  and  in  the 
presence  of  this  company,  to  join  together  this  man  and  this  wo- 
man in  holy  matrimony,  which  is  honourable,  and  is  not,  by  any, 
to  be  entered  into  unadvisedly  or  lightly ;  but  reverently,  dis- 
creetly, advisedly,  soberly,  and  in  the  fear  of  God.  Into  this  holy 
estate,  these  two  persons  present  come  now  to  be  joined.  If  any 
one  can  show  just  cause,  why  they  may  not  lawfully  be  joined 
together,  let  him  now  speak,  or  else  hereafter  forever  hold  his 
peace. — J.  L.,  wilt  thou  have  this  woman  to  be  thy  wedded  wife, 
to  Uve  together  after  God's  ordinance,  in  the  holy  estate  of  Matri- 
mony ?  Wilt  thou  love  her,  comfort  her,  honour  and  keep  her, 
in  sickness  and  in  health;  and  forsaking  all  others,  keep  thee  only 
unto  her,  so  long  as  you  both  shall  live?     Answer,  "  I  will." 

H.  S.,  wilt  thou  have  this  man  to  be  thy  wedded  husband,  to 
live  together  after  God's  ordinance,  in  the  holy  estate  of  Matri- 
mony ?  Wilt  thou  obey  him,  love,  honour  and  keep  him,  in  sick- 
ness and  in  health ;  and  forsaking  all  others,  keep  thee  only  unto 
him,  so  long  as  you  both  shall  live  ?  Answer,  "  I  will."  (Join 
right  hands.)  Forasmuch  as  J.  L.  and  H.  S.  have  consented 
together,  in  holy  wedlock,  and  have  witnessed  the  same,  before 
God  and  this  company,  and  have  given  and  pledged  their  faith 
each  to  the  other,  and  have  declared  the  same  by  joining  of  hands, 
I  do  pronounce  them  man  and  wife;  and  let  no  one  put  asunder 
those  whom  God  hath  joined  together. 


Certificate  of  Marriage. 

This  is  to  certify,  that  on  the  first  day  of  January,  in  the  year 
of  our  Lord,  one  thousand  eight  hundred  and  forty-four,  before 
me,  J.  P.,  Esquire,  one  of  the  Justices  of  the  Peace,  in  and  for 
the  county  of  Berks,  J.  L.,  of  the  township  of  Bern,  in  the  said 
county,  yeoman,  and  H.  S.,  of  the  borough  of  Reading,  in  the 


h^ 


208  MECHANICS'  LIEN. 


county  aforesaid,  spinster,  were  legally  joined  in  marriage ;  each 
of  them  being  of  full  age,  and  declaring  themselves  free,  respec- 
tively, from  prior  engagements,  or  other  lawful  impediments.  In 
witness  whereof,  as  well  they,  the  said  J.  L.  and  H.  S.,  (she 
assuming  the  name  of  her  said  husband,)  as  I,  the  said  justice, 
and  other  the  witnesses  present,  have  hereunto  subscribed  our 
names  the  day  and  year  aforesaid. 


MECHANICS'  LIEN. 

Remarks. 

In  nearly  all  the  counties  of  this  commonwealth,  mechanics 
and  material  men  are  allowed  to  file  their  claims  against  build- 
ings erected  by  them,  and  thus  obtain  a  lien  against  the  building 
for  the  amount  due  to  them. 

The  mechanics'  lien  law  is  such  by  Act  of  Assembly,  and  must 
be  strictly  pursued.  The  Act  of  Assembly  of  the  16th  June,  1836, 
Pamph.  L.  p.  695,  requires  that  every  person  entitled  to  such  lien, 
shall  file  a  claim  or  statement  of  his  demand,  in  the  office  of  the 
Prothonotary  of  the  Court  of  Common  Pleas  of  the  county  in 
\vhich  the  building  may  be  situated. 

Every  claim  so  filed,  must  set  forth :  first,  the  names  of  the 
party  claimant,  and  the  owner  or  reputed  owner  of  the  building, 
and  also  of  the  contractor,  architect  or  builder,  where  the  contract 
of  the  claimant  was  made,  with  such  contractor,  architect  or 
builder.  Second,  the  amount  or  sum  claimed  to  be  due,  and  the 
nature  or  kind  of  the  work  done,  or  the  kind  and  amount  of  ma- 
terials furnished,  and  the  time  when  the  materials  were  furnished, 
or  the  work  was  done,  as  the  case  may  be.  Third,  the  locality  of 
the  building,  and  the  size  and  number  of  the  stories  of  the  same, 
or  such  other  matters  of  description  as  shall  be  sufficient  to  iden- 
tify the  same.  The  said  act  further  provides  that  in  every  case 
in  which  one  claim  for  materials  shall  be  filed  by  the  person  pre- 
ferring the  same,  against  two  or  more  buildings,  owned  by  the 
same  person,  the  person  filing  such  joint  claim  shall,  at  the  same 
time,  designate  the  amount  which  he  claims  to  be  due  to  him  on 
each  of  such  buildings,  otherwise  such  claim  shall  be  postponed 
to  other  lien  creditors,  and  the  lien  of  such  claimant  shall  not 
extend  beyond  the  amount  so  designated,  as  against  other  credit- 
ors having  liens  by  judgment,  mortgage,  or  otherwise.  The  lien 
will  contitme  until  the  expiration  of  six  months  after  the  work 
shall  have  been  finished,  or  materials  furnished,  but  no  longer, 
unless  a  claim  be  filed  within  that  period  of  time.  Materials  fur- 
nished for  a  building,  though  not  used  in  its  erection,  constitute  a 
lien.  2  S.  &  R.  170,  12,  ib.  303.  And  although  used,  if  not  ex- 
pressly furnished  for  the  building,  no  lien  is  acquired.  16  S.  &  R. 


MECHANICS'  LIEN.  209 

56.  And  a  lien  is  not  affected  by  an  agreement  by  the  claimant 
with  the  owner  to  receive  payment  in  materials  instead  of  money; 
14  S.  &  R.  33.  No  lien  is  acquired  where  several  houses,  though 
adjoining,  are  erected  by  the  same  architect  and  at  the  same  time, 
on  lots  owned  by  different  persons,  if  the  materials  are  furnished 
for  the  whole  indiscriminately.  6  S.  &  R.  512.  But  otherwise,  if 
the  lots  are  owned  by  the  same  person.  5  R.  291.  A  contractor, 
being  the  builder,  and  a  contractor  under  him,  not  recognized  by 
the  owner,  cannot  unite  as  partners  in  filing  a  claim  for  their  work 
against  the  building.  The  sub-contractor,  in  such  case,  should  file 
a  separate  claim  for  his  work  against  the  owner  and  builder  with 
whom  he  contracted.  8  W.  478.  On  a  claim  filed  by  a  mechanic 
under  the  act  of  1836,  one  who  erected  the  building,  and  was 
the  owner  at  the  time  the  work  was  done,  may  be  named  as  con- 
tractor ;  and  one  who  purchased  the  building  after  the  work  was 
done,  but  before  the  filing  of  the  claim,  may  be  joined  as  owner. 
5  Wharton,  366.  Where  the  work  done  by  the  plaintiff  consisted 
of  the  raisuig  of  a  frame  building,  which  had  been  previously 
occupied  by  a  family,  and  building  a  basement  story  of  stone 
under  it,  it  was  held  that  this  was  not  an  erection  or  construction 
within  the  act,  so  as  to  give  the  plaintiff  a  lien.  Miller  vs.  Oli- 
ver, 8  W.  514. 


Form  of  claim  hy  a  House-carpenter^  against  one  who  is  Owner 
and  Contractor,  for  Work  and  Materials  for  a  Building. 

I  In  the  Court  of  Common  Pleas  of  Lancaster 

WillianT  Burns.  S      ^^''"^^'  ^'''  ^^  ""^  "^"^"'^  ^^'"^^  ^^^^' 

John  Jones,  house-carpenter,  of  the  county  of  Lancaster,  files 
this  his  claim  for  the  payment  of  one  hundred  dollars  and  fifty 
cents,  against  all  that  certain  two  story  brick  building,  situate  in 
^ street,  between  and  street,  in  the  city  of  Lan- 
caster in  the  said  county,  containing  in  front  on  said  street, 

twenty-four  feet,  and  in  depth  thirty-six  feet,  and  the  lot  or  piece 
of  ground  and  curtilage  appurtenant  to  said  building ;  the  said 
sum  of  one  hundred  dollars  and  fifty  cents,  being  a  debt  contracted 
for  work,  viz.,  carpenter's  work,  &c.,  and  materials,  viz :  lumber, 
ironmongery,  oils,  paints,  &c.,  done  and  furnished  by  the  said 
John  Jones,  within  six  months  last  past,  for  and  about  the  erec- 
tion and  construction  of  said  building  and  appurtenances,  of  which 
the  said  William  Burns  was,  and  is  the  owner  or  reputed  owner, 
and  at  his  instance  and  request,  he  being  the  contractor,  architect 
and  builder  thereof;  and  the  said  John  Jones  claims  to  have  a 
lien  on  the  said  building,  and  the  lot  or  piece  of  ground  and  cur- 
tilage appurtenant  to  the  said  building  from  the  commencement 
thereof,  for  the  sum  aforesaid,  according  to  the  Act  of  Assembly 
in  such  case  made  and  provided :  and  the  said  claimant  hereto 


I  ■       .     is^ 

210  MECHANICS'  LIEN. 

annexes  a  bill  of  particulars  of  the  amount  of  his  said  debt  show- 
ing the  nature  and  kind  of  work  done,  the  kind  and  amount  of 
materials  furnished,  and  the  time  when  said  work  and  materials 
were  done  and  furnished.  JOHN  JONES. 


Plaintiff 's  Bill  of  Particulars. 

William  Burns, 

To  John  Jones,  Dr. 

1844,  May  10,  To  1  six  panel  front  door     -  -  ^6  00 

«        «     24,  "  8  inside  doors  and  2  outside  back 

doors  at  ^2   -  -  -  -  -  20  00 

«       «     26,  "  Iron  hangings  for  11  doors,  at  gl  11  00 

«    June  24,    "    34|  days  carpenter's  work,  finish- 
ing inside,  at  gl  50  -  -  -  -  52  00 
«       «     "      "    30  lbs.  nails  used  in  finishing  the 

same,  at  5  cents        -  -  -  -  •    1  50 

«       «     "      "    1000  feet  lumber  used  in  finishing 

the  same       -  -  -  -  -  10  00 


Total  jglOO  50 

JOHN  JONES. 


Form  of  a  claim  filed  by  a  House-carpenter  agaiyist  William 
Burns,  owner,  and  Samuel  Dean  contractor,  for  work  and 
materials  for  a  Building. 


John  Jones  ^  In  the   Court    of   Common 

vs.  V     Pleas  of  Erie  County,  No. 

William  Burns  &  Samuel  Dean.  3  9  of  February  Term,  1844, 
John  Jones,  of  the  county  of  Erie,  house-carpenter,  files  this  his 
claim  for  the  payment  of  the  sum  of  eighty-five  dollars  and  sixty 
cents,  all  that  certain  two  story  frame  building,  situate  in  Holland 
street,  between  fifth  and  sixth  streets,  in  the  borough  of  Erie,  in  the 
county  aforesaid,  containing  in  front  on  said  Holland  street,  twenty- 
lour  feet,  and  in  depth  thirty-two  feet,  and  the  lot  or  piece  of  ground 
and  curtilage  appurtenant  to  said  building;  the  said  sum  of  eighty- 
five  dollars  and  sixty  cents  being  a  debt  contracted  for  work,  viz : 
carpenter's  work,  &c.,  and  materials,  viz :  lumber,  paints,  oils, 
&c.,  done  and  furnished  by  the  said  Johij  Jones,  within  six  months 
last  past,  for  and  about  the  erection  and  construction  of  the 
said  building  and  appurtenances,  of  which  the  said  William 
Burns  is  owner  or  reputed  owner,  and  the  said  Samuel  Dean  the 
architect,  builder  and  contractor  for  the  said  work  and  materials, 
at  whose  instance  and  request  they  were  done  and  furnished  as 
aforesaid :  and  the  said  John  Jones  claims  to  have  a  lien  on  the 
said  building,  and  lot  or  piece  of  ground  and  curtilage  appurte- 


MECHANICS'  LIEN.  211 

nant  to  said  building,  from  the  time  of  its  commencement,  for  the 
sum  aforesaid,  according  to  the  Act  of  Assembly  in  such  case 
made  and  provided ;  and  said  claimant  hereto  annexes  a  bill  of 
particulars  of  the  amount  of  his  said  debt,  showing  the  nature  and 
kind  of  work  done,  the  kind  and  amount  of  materials  furnished 
and  the  time  when  said  work  was  done,  and  the  said  materials 
furnished  as  aforesaid.  JOHN  JONES. 

(Plaintiffs  bill  annexed.) 

Form  of  claim  filed  by  a  Brickmaker  against  one  who  is 
owner  and  contractor,  for  materials  furnished  for  one 
building. 

(  In  the  Court  of  Common  Pleas  of  Erie  Coun- 
William  Burns.  \      '^^  ^o.  24  of  August  Term,  1844. 

John  Jones,  brickmaker,  of  the  county  of  Erie,  claims  in  his 
own  right,  a  lien  for  the  payment  of  the  sum  of  two  hundred  dol- 
lars, against  all  that  certain  two  story  brick  building,  (or  messuage 
and  tenement,)  situate  in  French  street,  between  ninth  and  tenth 
streets,  in  the  borough  of  Erie,  in  the  county  aforesaid,  contain- 
ing in  front  on  said  French  street,  twenty-four  feet,  and  in  depth 
thirty-two  feet,  and  the  lot  or  piece  of  ground  and  curtilage  appur- 
tenant to  said  building ;  the  said  sura  of  two  hundred  dollars  being 
a  debt  contracted  for  materials,  viz  :  bricks  furnished  by  the  said 
John  Jones,  within  six  months  last  past,  for  and  about  the  erec- 
tion and  construction  of  the  said  building,  of  which  the  said  Wil- 
liam Burns  was  and  is  the  owner  or  reputed  owner,  and  at  his 
instance  and  request,  he  being  the  contractor,  architect  and 
builder  thereof;  and  the  said  claimant  hereto  annexes  a  bill  of 
particulars  of  the  amount  of  his  said  debt,  showing  the  kind  and 
amount  of  materials  furnished,  and  the  time  when  said  materials 
were  furnished  as  aforesaid.  JOHN  JONES. 

Plaintiffs s  Bill  of  Particulars. 
William  Burns, 

To  John  Jones,  Dr. 
1844,  May  20,  To  50  thousand  brick,  at  ^4  ^200  00 

JOHN  JONES. 

Form  of  claim  filed  by  a  Brickmaker  against  William.  Burns, 
owner,  and  Samuel Dean,contr actor,  for  m.aterials  furnished 
for  one  building. 

John  Jones  ^  In  the  Court  of  Common  Pleas 

vs.  V     of  Erie  County,  No.  42  of 

William  Burns  &  Samuel  Dean.  3      August  Term,  1844. 

John  Jones,  brickmaker,  of  the  county  of  Erie,  files  this  his 
claim  in  his  own  right,  for  materials,  viz :  bricks  furnished  for 


212  MECHANICS'  LIEN. 

and  about  the  erection  and  construction  of  a  certain  two  story 
brick  building,  situate  in  Ninth  street,  between  State  and  Peach 
streets,  in  the  borough  of  Erie  in  the  county  aforesaid,  containing 
in  front  on  said  Ninth  street,  twenty-four  feet,  and  in  depth  thirty- 
six  feet,  of  which  William  Burns  was  and  is  the  owner  or  reputed 
owner,  and  Samuel  Dean  the  architect,  builder  and  contractor  for 
said  materials,  furnished  by  the  said  John  Jones,  within  six 
months  last  past,  to  said  building,  at  the  instance  and  request  of 
the  said  Samuel  Dean,  contractor.  This  claim  is  filed  as  well 
against  said  building  as  against  the  lot  or  piece  of  ground  and 
curtilage  appurtenant  to  the  same :  and  the  said  John  Jones 
annexes  hereto  a  statement  of  the  particulars  of  the  amount  of 
his  said  debt,  showing  the  kind  and  amount  of  materisOs  furnished, 
and  the  time  when  said  materials  were  furnished. 
(Plaintiff's  bill  annexed.) 


Form  of  claim  filed  against  William  Burns,  owner,  and 
Samuel  Dean,  contractor,  by  a  Bricklayer,  for  work. 

John  Jones  ^  In  the  Court  of  Common  Pleas 

vs.  \     of  Erie   County,  No.  21  of 

WiUiam  Burns  &  Samuel  Dean.  )      August  Term,  1844. 

John  Jones,  bricklayer,  of  the  County  of  Erie,  files  this  his  claim 
in  his  own  right  for  work,  viz  :  bricklayer's  work,  done  for  and 
about  the  erecting  and  constructing  of  a  certain  two  story  brick 
building,  situate,  &c.,  [here  describe  the  size,  situation  and  bounda- 
ries, or  other  description  of  the  building,]  in  the  township  of , 

in  the  county  aforesaid,  of  which  William  Burns  was  and  is  the 
owner  or  reputed  owner,  and  Samuel  Dean  the  architect,  builder 
and  contractor  for  said  work,  done  by  the  said  John  Jones,  within 
six  months  last  past,  to  the  said  building  at  the  instance  and  re- 
quest of  the  said  Samuel  Dean,  contractor.  This  claim  is  filed,  as 
well  against  the  said  building,  as  against  the  lot  or  piece  of  ground 
and  ciu-tilage  appurtenant  to  the  same ;  and  the  said  John  Jones 
annexes  hereto  a  statement  of  tlte  particulars  of  the  amount  of  his 
said  debt,  showing  the  nature  and  kind  of  work  done,  and  the 
time  when  the  said  work  was  done,  as  aforesaid. 

(Plaintiff's  bill  annexed.)  JOHN  JONES. 


Form  of  claim  filed  against  one  tvho  is  oivner  and  contractor, 
by  a  Bricklayer,  for  work. 

John  Jones    ^j^  ^^^^  ^^^^^  ^^ ^  ^^^  ^^^  County  of , 

wir  ''**Ti         V      Term ^,  No. . 

William  Burns. )  ' 

John  Jones,  of  the  County  of ,  bricklayer,  claims  in  his 

own  right,  a  lien  for  the  payment  of  the  sum  of dollars, 


MECHANICS'  LIEN.  213 

against  all  that  certain story  brick  house  (or  building)  situate 

(describing  the  situation  and  size  of  the  building)  in  the of 

,  in  the  county  aforesaid,  and  the  lot  or  piece  of  ground  and 

curtilage  appurtenant  to  said  building:  the  said  sum  of dol- 
lars being  a  debt  contracted  for  work,  viz.,  bricklaying,  &c.,  done 
by  the  said  John  Jones  within  six  months  last  past,  for  and  about 
the  erection  and  construction  of  the  said  buildings,  of  which  the 
said  William  Burns  was  and  is  the  owner  or  reputed  owner,  and 
at  his  instance  and  request,  he  being  the  contractor,  architect  and 
builder  thereof;  and  said  claimant  hereto  annexes  a  bill  of  par- 
ticulars of  the  amount  of  his  said  debt,  showing  the  nature  and 
kind  of  work  done,  and  the  time  when  said  work  was  done,  as 
aforesaid. 

(Plaintiff's  bill  annexed.) 


Form  of  claim  filed  by  a  Lum.berman  againat  one  tvho  is 
owner  and  contractor, for  lumber  furnished  for  one  building. 

John  Jones     ^  j^  ^^^  ^^^^^  ^^  Common  Pleas  of  Erie  County, 

William  Burns.  S      ^''  ''  "^  ^"^^'^  '^''"^'  '''^- 

John  Jones,  lumber-merchant,  of  the  County  of  Erie,  files  this 
his  claim  for  the  payment  of  the  sum  of  one  hundred  dollars, 
against  all  that  certain  two  story  frame  messuage  and  tenement, 

situate  in  the  township  of in  the  county  aforesaid,  on  the 

north  side  of road,  containing  on  said  road  twenty-four  feet, 

more  or  less,  and  in  depth  about  thirty-six  feet,  [or  otherwise  de- 
scribing its  situation,  boundaries,  &c.,]  and  the  lot  or  piece  of 
ground  and  curtilage  appurtenant  to  said  building ;  the  said  sum 
of  one  hundred  dollars  being  a  debt  contracted  for  materials,  viz., 
lumber,  furnished  by  the  said  John  Jones  within  six  months  last 
past,  for  and  about  the  erection  and  construction  of  the  said  build- 
ing, of  which  the  said  William  Burns  was  and  is  the  owner  or 
reputed  owner,  and  at  his  instance  and  request,  he  being  the  con- 
tractor, architect  and  builder  thereof;  and  the  said  John  Jones 
claims  to  have  a  lien  for  the  aforesaid  sum  of  one  hundred  dollars 
on  the  said  building  and  lot  or  piece  of  ground  and  curtilage  ap- 
purtenant thereto,  from  its  commencement,  according  to  the  Act 
of  Assembly  in  such  case  made  and  provided :  .And  said  claimant 
hereto  annexes  a  bill  of  particulars  of  the  amount  of  the  said  debt, 
showing  the  kind  and  amount  of  materials  furnished,  and  the  time 
when  said  materials  w'ere  furnished.  JOHN  JONES. 

(Plaintiff's  bill  annexed.) 


214  MECHANICS'  LIEN, 

Form  of  claim  fihd  by  a  Lumberman  against  William  Burns, 
owner,  and  Samuel  Dean,  contractor,  for  lumber  furnished 
for  one  building. 

John  Jones  ^  In  the  Court  of  Common  Pleas 

vs.  V     of  Erie  County,  No.   34  of 

William  Burns  &  Samuel  Dean.  )      May  Term,  1844. 

John  Jones,  lumber-merchant,  of  the  County  of  Erie,  files  this 
his  claim,  for  the  payment  of  the  sum  of  two  hundred  dollars, 
against  all  that  certain  two  story  frame  messuage  and  tenement, 

situate  in  the  township  of ,  in  the  county  aforesaid,  on  the 

south  side  of  the road,  containing  in  front  on  said  road  thirty 

feet,  more  or  less,  and  in  depth  about  twenty-four  feet  and  the  lot 
or  piece  of  ground  and  curtilage  appurtenant  to  said  building ;  the 
said  sum  of  two  hundred  dollars  being  a  debt  contracted  for  ma- 
terials, to  wit,  lumber,  furnished  by  the  said  John  Jones  within 
six  months  last  past,  for  and  about  the  erection  and  construction 
of  the  said  building,  of  which  William  Burns  was  and  is  the 
owner,  and  the  said  Samuel  Dean  the  architect,  builder  and  con- 
tfactor  for  the  said  materials,  at  whose  instance  and  request  they 
were  furnished  and  provided  as  aforesaid;  and  the  said  John 
Jones  claims  to  have  a  lien  for  the  aforesaid  sum,  on  the  said 
building  and  lot  or  piece  of  ground,  and  curtilage  appurtenant  to 
said  building,  from  the  commencement  of  the  same,  according  to 
the  Act  of  Assembly  in  such  case  made  and  provided ;  and  said 
claimant  hereto  annexes  a  bill  of  particulars  of  the  amount  of  the 
said  debt,  showing  the  kind  and  amount  of  materials  furnished, 
and  the  time  when  said  materials  were  furnished. 

(Plaintifl's  bill  annexed.)  JOHN  JONES. 

Form,  of  claim  by  a  Painter  and  Glazier,  against  one  ivho  is 
owner  and  contractor,  for  work  and  materials  for  one 
building. 

John  Jones  ^  j^  ^^^  ^^^^^  ^^  Common  Pleas  of  Erie  County, 
William  Burns.  \     ^o-  12  of  May  Term,  1844. 

John  Jones,  painter  and  glazier,  of  the  County  of  Erie,  files  this 
his  claim  for  the  payment  of  fifty  dollars,  against  all  that  certain 
two  story  frame  building,  messuage  and  tenement,  situate,  [de- 
scribe the  boundaries,  &c.,  according  to  the  other  forms,]  and  the 
lot  or  piece  of  ground  and  curtilage  appurtenant  to  said  building ; 
the  said  sum  of  fifty  dollars  being  a  debt  contracted  for  work,  viz., 
painting'  and  glazing,  and  materials,  viz.,  paint,  glass,  putty,  &c. 
done  and  furnished  by  the  said  John  Jones,  within  si;£  months 
last  past,  to,  in  and  about  the  erection  and  construction  of  the  said 
building  and  appurtenances,  of  which  the  said  William  Burns 
was  and  is  the  owner,  or  reputed  owner,  and  at  his  instance  and 
request,  he  being  the  contractor,  architect  and  builder  thereof : 


MECHA.NICS'  LIEK.  215 

And  the  said  John  Jones  claims  to  have  a  Hen  on  the  said  building 
and  lot  or  piece  of  ground  and  curtilage  appurtenant  to  said  build- 
ing, from  the  commencement  thereof,  for  the  sum  aforesaid,  ac- 
cording to  the  Act  of  Assembly  in  such  case  made  and  provided ; 
and  said  claimant  hereto  annexes  a  bill  of  particulars  of  the  amount 
of  his  said  debt,  showing  the  nature  and  kind  of  work  done,  the 
kind  and  amount  of  materials  furnished,  and  the  time  when  said 
work  was  done  and  materials  furnished.  JOHN  JONES. 

(Plaintiff's  bill  annexed.) 

Form  of  claim  by  a  Painter  and  Glazier,  against  William 
Burns,  owner,  and  Samuel  Dean,  contractor,  for  work  and 
materials  for  one  building. 

John  Jones  ^  In  the  Court  of  Common  Pleas 

vs.  V     of  Erie   County,  No.   24  of 

WiUiam  Burns  &  Samuel  Dean.  )      May  Term,  1844. 

John  Jones,  painter  and  glazier,  of  the  County  of  Erie,  files  this 
his  claim,  for  the  payment  of  the  sum  of  one  hundred  dollars, 
against  all  that  certain  two  story  building,  situate  in,  &c.,  [describe 
the  building,  &c^,  as  in  other  forms,]  and  the  lot  or  piece  of  ground 
and  curtilage  appurtenant  to  said  building ;  the  said  sum  of  one 
hundred  dollars  being  a  debt  contracted  for  work,  viz.,  painting 
and  glazing,  and  materials,  viz.,  paint,  glass,  putty,  &c.,  done  and 
furnished  by  the  said  John  Jones  within  six  months  last  past,  to, 
in  and  about  the  erection  and  construction  of  the  said  building 
and  appurtenances,  of  which  the  said  William  Burns  was  and  is 
the  owner  or  reputed  owner,  and  Samuel  Dean,  the  architect, 
builder  and  contractor  for  the  said  work  and  materials,  at  whose 
instance  and  request  they  were  done,  furnished  and  provided  as 
aforesaid ;  and  the  said  John  Jones  claims  to  have  a  lien  on  the 
said  building  and  lot  or  piece  of  ground,  and  curtilage  appurtenant 
to  said  building,  from  the  commencement  thereof,  for  the  sani 
aforesaid,  according  to  the  Act  of  Assembly  in  such  case  made  and 
provided  ;  and  said  claimant  hereto  annexes  a  bill  of  particulars 
of  the  amount  of  his  said  debt,  showing  the  nature  and  kind  of 
work  done,  the  kind  and  amount  of  materials  furnished,  and  the 
time  when  said  work  was  done  and  materials  furnished. 

(Plaintiff's  bill  annexed.)  JOHN  JONES. 

Form  of  claim  filed  by  a  Brickmaker  against  one  who  is 
owner  and  contractor,  for  materials  furnished  for  two  or 
more  buildings  where  the  amount  claimed  is  equally  divided. 

John  Jones     ^  j^  ^^^  ^^^^^  ^^  Common  Pleas  of  Erie  County, 

William  Bums.  S      ^«-  ^^  ^^  ^^^  ^''"^^  ^'^^- 

John  Jones,  brickmaker,  of  the  County  of  Erie,  files  this  his 
claim  for  the  payment  of  five  hundred  dollars,  against  all  those 


216  MECHANICS'  LIEN. 

two  certain  two  story  brick  houses  (or  buildings),  situate  in  the 
borough  of  Erie,  in  the  county  aforesaid,  On  Peach  street,  between 
Ninth  and  Tenth  streets,  each  house  being  about  twenty  feet  in 
front  on  said  Peach  street,  and  in  depth  thirty  feet,  and  the  lots  or 
pieces  of  ground  and  curtilages  appurtenant  to  said  buildings; 
the  said  sum  of  five  hundred  dollars  being  a  debt  contracted  for 
materials,  viz.,  bricks,  furnished  and  provided  by  the  said  John 
Jones,  within  six  months  last  past,  for  and  about  the  erection  and 
construction  of  the  said  buildings,  of  which  the  said  William 
Burns  was  and  is  the  owner  or  reputed  owner,  and  at  his  instance 
and  request,  he  being  the  contractor,  architect  and  builder  thereof; 
and  the  amount  claimed  to  be  due  on  each  of  the  said  buildings, 
for  materials  furnished  and  provided  as  aforesaid,  is  two  hundred 
and  fifty  dollars,  which  the  said  claimant  hereby  designates  ac- 
cording to  the  Act  of  Assembly  in  such  case  made  and  provided, 
and  claims  to  have  a  lien  for  on  the  said  buildings  and  appurte- 
nances from  the  commencement  of  the  same ;  and  said  claimant 
hereto  annexes  a  bill  of  particulars  of  his  said  debt,  showing  the 
kind  and  amount  of  materials  furnished,  and  the  time  when  said 
materials  were  furnished  as  aforesaid.  JOHN  JONES. 

(Plaintiff's  bill  annexed.) 

Form  of  claim  filed  by  a  Brickm,aker,  against  one  who  is 
owner  and  contractor,  for  materials  furnished  for  two  or 
more  buildings,  where  the  am.ount  claimed  is  unequally 
divided. 

John  Jones 

vs. 

William  Bums, 


i 


In  the Court  for  the  County  of 

Term, ,  No. . 


John  Jones,  brickmaker,  of  the  County  of ,  files  this  his 

claim  for  the  payment  of  the  sum  of dollars  and cents, 

against  all  those certain  brick  houses,  situate  in  the of 

,  in  the  county  aforesaid,  in street,  between and 

streets,  and  the  lots  or  pieces  of  ground  and  curtilages  ap- 
purtenant to  said  buildings:  being  a  debt  contracted  for  mate- 
rials, viz.,  bricks,  furnished  by  the  said  John  Jones  within  six 
months  last  past,  for  and  about  the  erection  and  construction  of 
the  said  buildings,  of  which  the  said  William  Burns  was  and  is 
the  owner  or  reputed  owner,  and  at  his  instance  and  request,  he 
being  the  architect,  contractor  and  builder  thereof;  and  the  said 
John  Jones  hereby  designates  the  amount  he  claims  to  be  due  to 
him  for  the  same  on  each  of  the  said  buildings,  as  follows,  viz.,  on 
the  northernmost  of  the  said  buildings,  which  is  a  three  story  (or 

as  the  case  may  be)  brick  house, feet  in  front  on  said 

street,  by feet  in  depth,  and  the  lot  or  piece  of  ground  and 

curtilage  appurtenant  to  said  building,  the  sum  of thousand 

dollars  and cents ;  on  the  southernmost  of  said  buildings, 


MECHANICS'  LIEN.  217 

which  is  a  two  story  (or  as  the  case  may  be)  brick, feet  in 

front  on  said street,  by feet  in  depth,  and  the  lot  or 

piece  of  ground  and  curtilage  appurtenant  to  said  building,  the 

sum  of hundred  dollars  and cents,  according  to  the  Act 

of  Assembly  in  such  case  made  and  provided ;  and  claims  to  have 
a  lien  on  said  building  and  appurtenances  thereto  for  the  same 
from  the  time  of  their  commencement ;  and  said  claimant  hereto 
annexes  a  bill  of  particulars  of  the  amount  of  his  debt,  showing 
the  kind  and  amount  of  materials  furnished,  and  the  time  when 
said  materials  were  furnished  as  aforesaid. 
(Plaintiflf's  bill  annexed.) 


Form  of  claim  filed  by  a  Brickmaker,  against  William^  Burns, 
owner,  and  Samuel  Dean,  contractor,  for  tnaterials  fur- 
nished for  two  or  more  buildings,  where  the  amount  claimed 
is  unequally  divided. 

John  Jones  ^  In  the  Court  of  Common  Pleas 

vs.  V     of  Erie  County,  No.  36,  No- 

William  Burns  &  Samuel  Dean.  3     vember  Term,  1844. 

John  Jones,  brickmaker,  of  the  County  of  Erie,  files  this  his 
claim  for  the  payment  of  the  sum  of  four  hundred  dollars,  against 
all  those  two  certain  brick  houses,  situate  in  the  borough  of  Erie, 
in  the  county  aforesaid,  the  one  in  Peach  street,  between  Ninth 
and  Tenth  streets,  the  other  in  Tenth  street,  between  State  and 
Peach  streets,  and  the  lots  or  pieces  of  ground  and  curtilages  ap- 
purtenant to  the  said  buildings ;  being  a  debt  contracted  for  ma- 
terials, viz.,  bricks,  &c.,  furnished  by  the  said  John  Jones  within 
six  months  last  past,  for  and  about  the  erection  and  construction 
of  the  said  buildings,  of  which  the  said  William  Burns  was  and 
is  the  owner  or  reputed  owner,  and  Samuel  Dean  the  architect, 
builder  and  contractor  for  said  materials,  at  whose  instance  and 
request  they  were  furnished  as  aforesaid :  And  the  said  John 
Jones  hereby  designates  the  amount  fie  claims  to  be  due  to  him 
for  the  same,  on  each  of  the  said  buildings,  as  follows ;  viz.,  on 
the  said  house  in  Peach  street,  between  Ninth  and  Tenth  streets, 
which  is  a  three  story  brick  house,  twenty-four  feet  in  front  on 
said  Peach  street,  by  thirty-six  in  depth,  and  the  lot  or  piece  of 
ground  and  curtilage  appurtenant  to  said  building,  the  sum  of  two 
hundred  and  fifty  dollars ;  On  the  said  house  in  Tenth  street,  be- 
tween State  and  Peach  streets,  which  is  a  two  story  brick  house, 
twenty  feet  in  front  on  said  Tenth  street,  by  thirty  feet  in  depth, 
and  the  lot  or  piece  of  ground  and  curtilage  appurtenant  to  said 
building,  the  sum  of  one  hundred  and  fifty  dollars ;  according  to 
the  Act  of  Assembly  in  such  case  made  and  provided,  and  claims 
to  have  a  lien  on  the  said  buildings  and  appurtenances  for  the 
same,  from  the  time  of  their  commencement :  And  said  claimant 

T 


218  MECHANICS'  LIEN. 

hereto  annexes  a  bill  of  particulars  of  the  amount  of  his  said  debt, 
showing  the  kind  and  amount  of  materials  furnished,  and  the  time 
when  said  materials  were  furnished,  as  aforesaid.     ' 

(Plaintiff's  bill  annexed.)  JOHN  JONES. 


Form  of  claim  filed  hy  Lumher -merchants  (partners)  against 
one  who  is  owner  and  contract  or,  for  lumber  furnished  for 
two  or  more  buildings,  where  the  amount  claimed  is  une- 
qually divided. 

A.  B.  &  C.  D., lumber-merchants,^ 

in  co-partnership,  trading  un-  I  In  the Court  for  the  Coun- 

der  the  firm  of  A.  B.  &  Co.  .     |>     ty  of , Term  18—, 

vs.  No.  — — . 

E.  F.  J 

A.  B.  &  C.  D.,  lumber-merchants,  in  co-partnership,  trading 

under  the  firm  of  A.  B.  &  Co.,  of  the  county  of ,  file  this  their 

claim,  for  the  payment  of  the  smn  of dollars  and cents, 

against  all  those  certain  houses  situate  in  the of ,  in  the 

county  aforesaid,  in street,  between  and  streets, 

Nos. and ,  and  the  lots  or  pieces  of  ground  and  cur- 
tilages appurtenant  to  said  buildings ;  being  a  debt  contracted  for 
materials,  to  wit :  lumber  furnished  by  the  said  A.  B.  &  C.  D., 
within months  last  past,  for  and  about  the  erection  and  con- 
struction of  the  said  buildings,  of  which  the  said  E.  F.  was  and  is 
the  owner  or  reputed  owner,  and  at  his  instance  and  request,  he 
being  the  architect,  contractor  and  builder  thereof :  and  the  said 
A.  B.  &  C.  D.  hereby  designate  the  amount  they  claim  to  be  due 
to  them  for  the  same,  on  each  of  the  said  buildings,  as  follows, 
viz.,  on  the  northernmost  of  the  said  buildings,  which  is  a  three 

story  (or  as  the  case  may  be)  brick  house, feet  in  front  on 

said street,  by feet  in  depth,  and  the  lot  or  piece  of 

ground  and  curtilage  appurtenant  to  said  building,  the  sum  of 
dollars  and cents :  on  the  southernmost  of  said  build- 
ings, which  is  a  two  story^or  as  the  case  may  be)  brick, 

feet  in  front  on  said street,  by feet  in  depth,  and  the 

lot  or  piece  of  ground  and  curtilage  appurtenant  to  said  building, 

the  sum  of dollars  and cents,  according  to  the  Act  of 

Assembly  in  such  case  made  and  provided ;  and  claim  to  have  a 
lien  on  said  buildings  and  appurtenances  thereto  for  the  sum  afore- 
said, from  the  time  of  their  commencement :  and  said  claimants 
hereto  annex  a  bill  of  particulars  of  the  amount  of  their  said  debt, 
showing  the  kind  and  amount  of  materials  furnished,  and  the  time 
when  said  materials  were  furnished,  as  aforesaid. 

(Plaintiffs'  bill  annexed.) 


MORTGAGE,  219 

MORTGAGE. 
Remarks. 

Mortgages  are  of  several  kinds.  As  they  concern  the  kind  of 
property  mortgaged,  they  are  mortgages  of  lands,  tenements  and 
hereditaments ;  or  of  goods  and  chattels.  As  they  effect  the  title 
of  the  thing  mortgaged,  they  are  legal  and  equitable.  A  legal 
mortgage  of  lands  may  be  described  to  be  a  conveyance  of  lands 
by  a  debtor  to  his  creditor  as  a  pledge  and  security  for  the  repay- 
ment of  a  sum  of  money  borrowed,  or  performance  of  a  covenant, 
with  a  proviso,  that  such  conveyance  shall  be  void  on  payment 
of  the  money  and  interest  on  a  certain  day,  or  the  performance  of 
such  covenant  by  the  time  appointed,  by  which  the  conveyance 
of  the  land  becomes  absolute  at  law,  yet  the  mortgagor  has  an 
equity  of  redemption,  that  is,  right  in  equity  on  the  performance 
of  the  agreement  within  a  reasonable  time,  to  call  for  a  re-convey- 
ance of  the  land.   Cruise,  Dig.  t.  15,  c.  1,  s.  11 ;  1  Pow.  on  Mort.  4. 

As  to  the  form,  such  a  mortgage  must  be  in  writing  when  it  is 
intended  to  convey  the  legal  title.  1  Penn.  R.  240.  It  is  either 
in  one  single  deed  which  contains  the  whole  contract,  and  which 
is  the  usual  form,  or  it  is  two  separate  instruments,  the  one  con- 
taining an  absolute  conveyance,  and  the  other  a  defeasance.  2 
Johns.  Ch.  R.  189;  15  Johns.  R.  555;  2  Greenl.  R.  152;  12  Mass. 
456. 

As  the  money  borrowed  on  mortgage  is  seldom  paid  on  the  day 
appointed,  mortgages  are  now  become  entirely  subject  to  our 
courts,  where  it  is  an  established  rule  the*  the  mortgagee  holds 
the  estate  merely  as  a  pledge  or  security  for  the  re-payment  of  his 
money;  therefore  a  mortgage  is  considered  in  equity  as  personal 
estate.  The  mortgagor  is  held  to  be  the  real  owner  of  the  land, 
the  debt  being  considered  the  principal,  and  the  land  the  acces- 
sory. Whenever  the  debt  is  discharged,  the  interest  of  the  mort- 
gagee in  the'lands  determines  of  course.  The  Act  of  Assembly 
of  28th  March,  1820,  7  Smith,  p.  303,  declares  that  all  mortgages 
shall  have  priority  according  to  the  date  of  recording  the  same, 
without  regard  to  the  time  of  making  or  executing  the  same.  And 
no  mortgage  or  defeasible  deed  in  the  nature  of  a  mortgage,  shall 
be  a  lien,  until  such  mortgage  or  defeasible  deed  shall  have  been 
recorded,  or  left  for  record.  There  is  also  another  act  of  28th 
May,  1715,  1  Smith,  p.  94,  which  requires  all  deeds  and  mort- 
gages to  be  recorded  within  six  months  after  the  date  thereof. 
The  following  are  some  of  the  decisions  of  the  Supreme  Court  of 
Pennsylvania  on  these  Acts  of  Assembly.  The  recording  of  a 
mortgage  amounts  to  a  constructive  notice  to  all  men,  and  super- 
sedes the  necessity  of  express  personal  notice.  1  D.  435;  1  Y.  172. 
A  mortgage  not  recorded  within  six  months,  according  to  the  pro- 


220  jyiORTGAGE. 

visions  of  the  acts  of  1715  and  1775,  is  good  against  the  mort- 
gagor.    1  D.  430. 

A  mortgage,  though  not  recorded  according  to  the  Act  of  As- 
sembly, is  good  against  a  purchaser,  who  knew  of  the  existence 
of  the  mortgage  at  the  time  of  his  purchase.  4  D.  153. 

A  mortgage  not  recorded  within  six  months,  gave  no  lien  under 
the  acts  of  1715  and  1775,  against  a  subsequent  judgment  creditor. 
7  S.  &  R.  286.  But  it  seems  such  mortgage  would  have  been  a 
lien  if  recorded  before  the  entry  of  a  judgment,  although  after  the 
six  months.     Same  292-3. 

If  a  second  purchaser  from  the  original  grantor  have  notice  of 
the  existence  of  the  first  deed  and  defeasance,  he  is  in  equity 
bound  to  the  same  extent  as  the  grantor,  7  W.  261.  But  the  law 
is  otherwise  as  respects  a  judgment  creditor  and  the  purchaser 
under  an  execution  on  such  judgment ;  since  a  judgment  has  pri- 
ority over  an  unrecorded  mortgage,  7  W.  261.  When  a  mortgage 
is  payable  by  instalments,  every  payment  made  upon  it  should 
be  receipted  upon  the  record  of  the  mortgage  in  the  office,  as  they 
are  severally  made. 

An  equitable  mortgage  of  lands  is  one  where  the  mortgagor  does 
not  convey  regularly  the  land,  but  does  some  act  by  which  he 
manifests  his  determination  to  bind  the  same  for  the  security  of  a 
debt  he  owes.  An  agreement  in  writing  to  transfer  an  estate  as  a 
security  for  the  repayment  of  a  sum  of  money  borrowed,  or  even 
a  deposit  of  title  deeds,  and  a  verbal  agreement  will  have  the  same 
effect  of  creating  an  equitable  mortgage.  1  Rawle,  R.  328 ;  5 
Wheat.  R.  284;  1  Cox's  R.  211. 

A  mortgage  of  goods  is  distinguishable  from  a  mere  pawn.  By 
a  grant  or  conveyance^of  goods  in  a  gage  or  mortgage,  the  whole 
legal  title  passes  conditionally  to  the  mortgagee,  and  if  not  redeem- 
ed at  the  time  stipulated,  the  title  becomes  absolute  at  law,  though 
equity  will  interfere  to  compel  a  redemption.  But  in  a  pledge,  a 
special  property  only  passes  to  the  pledgee,  the  general  property 
remaining  in  the  pledger.  There  have  been  some  cases  of  mort- 
gages of  chattels,  which  have  been  held  valid  without  any  actual 
possession  in  the  mortgagee  ;  but  they  stand  upon  very  peculiar 
grounds,  and  may  be  deemed  exceptions  to  the  general  rule.  2 
Pick.  R.  607;  5  Pick.  R.  59;  5  Johns.  R.  261.  See  12  Mass.  R. 
300;  4  Mass.  R.  352;  6  Mass.  R.  422;  15  Mass.  R.  477;  and 
Powell  on  Mortgages. 

The  remedies  on  a  legal  mortgage  in  Pennsylvania  are  various. 
1st,  by  ejectment;  2d,  by  scire  facias;  3d,  by  debt  on  the  bond 
accompanying  the  mortgage,  and  on  some  by  covenant.  But 
nothing  more  than  debt,  interest  and  cost  can  be  recovered  by 
scire  facias,  or  action  of  debt. 


MORTGAGE.  221 

t/5  Mortgage  of  Indemnity  to  Bail. 

This  indenture,  made  the  tenth  day  of  May,  A.  D.  one  thousand 

eight  hundred  and  forty-four,  between  A.  B.,  of ,in  the  county 

of  — '—  and  State  of  Pennsylvania,  of  the  one  part,  and  C,  D. 
and  E.  F. ,  of,  &c.,  of  the  other  part :  Whereas  the  real  estate  of 
C.  B.,  late  of,  &c,,  deceased,  father  of  the  aforesaid  i\,  B.,  has  lately 
been  valued,  under  a  writ  of  partition  or  valuation,  issued  out  of  the 
Orphans'  Court  of  Berks  coimty,  aforesaid,  at  the  sum  of  twelve 
hundred  dollars,  and  has  been  adjudged  to  the  aforesaid  A.  B.,  eldest 
son  of  the  said  C.  B.,  deceased:  And  whereas,  the  said  C.  D.  and  E. 
F.  were  approved  of  by  the  court  aforesaid,  as  sureties  of  the  said 
A.  B.,  and  have  this  day  become  bound  with  him  in  four  bonds 
or  writings  obligatory,  bearing  even  date  herewith,  to  wit :  in  one 
bond  to  G.  H.,  intermarried  with  M.  [late  M.  B.]  in  the  sum  of 
four  hundred  dollars,  lawful  money  of  the  United  States,  condi- 
tioned for  the  payment  of  two  hundred  dollars  in  like  money,  on 
or  before  the  first  day  of  January  next  ensuing  the  date  thereof: 
and  the  further  sum  of  one  hundred  dollars,  at  and  immediately 
after  the  decease  of  N.,  widow  of  the  said  C.  B.,  deceased,  the 
said  sums  being  the  said  M.'s  share  of  the  valuation  money  afore- 
said ;  in  one  other  bond  to  D.  B.,  a  son  of  the  said  C.  B.,  deceased, 
in  the  same  sum  aforesaid,  and  conditioned  for  the  payment 
thereof,  in  like  manner  and  at  the  time  aforesaid,  being  his  share, 
&c.,  [here  mention  the"  two  other  bonds  in  a  similar  manner,] 
the  whole  sum  for  which  the  said  C.  D.  and  E.  F.  have  become 
bound  as  aforesaid,  with  the  said  A.  B.,  being  twelve  hundred 
dollars,  and  being  also  for  the  proper  debt  or  debts  of  the  said  A.  B. 

Now  this  indenture  witnesseth,  that  the  said  A.  B.,  for  and  in 
consideration  of  the  sum  of  one  dollar,  to  him  in  hand  paid  by 
the  said  C.  D.  and  E.  F,,  and  for  the  purpose  of  securing  and  in- 
demnifying the  said  C.  D.  and  E.  F.,  and  each  of  their  heirs,  execu- 
tors and  administrators,  for  or  on  account  of  the  suretiship  afore- 
said, hath  granted,  bargained,  sold,  released  and  confirmed,  and  by 
these  presents  doth  grant,  bargain,  sell,  release  and  confirm,  unto 
the  said  C.  D.  and  E.  F.,  and  to  their  heirs  and  assigns,  all  that 
messuage,  &c.  [Here  describe  the  premises.]  Together  with  all 
and  ■  singular  the  buildings,  improvements,  ways,  woods,  waters, 
water-courses,  rights,  liberties,  privileges,  hereditaments  and  appur- 
tenances whatsoever,  thereunto  belonging,  or  in  anywise  apper- 
taining, and  the  reversions  and  remainders,  rents,  issues  and  profits 
thereof:  To  have  and  to  hold  the  said  messuage,  &c.,  heredita- 
ments and  premises  hereby  granted,  or  mentioned  or  intended  so 
to  be,  with  the  appurtenances,  unto  the  said  C.  D.,  his  heirs  and 
assigns,  to  the  only  proper  use  and  behoof  of  the  said  C.  D.,  his 
heirs  and  assigns  forever.  Provided  always  nevertheless,  that  if 
the  said  A.  B.,  his  heirs,  executors,  administrators,  or  any  of  them, 
shall  and  do  well  and  truly  pay,  or  cause  to  be  paid,  unto  the  said 


222  MORTGAGE. 

G.  H.^  D.  B.,  &c.,  the  said  sums  mentioned  in  the  said  bonds,  [or 
notes,  as  the  case  may  be,]  or  by  other  lawful  means,  save,  keep 
harmless  and  indemnified,  the  said  C.  D.,  and  E.  F.,  their  heirs, 
executors  and  administrators,  from  the  payment  of  the  said  bonds, 
and  all  costs,  damages  or  charges,  as  sureties  aforesaid,  [or  as 
endorsers  of  the  said  note,  as  the  case  may  be]  then  and  from 
thenceforth,  as  well  this  present  indenture,  and  the  estate  hereby 
granted,  as  the  said  recited  obligation,  shall  cease  and  determine, 
and  become  absolutely  null  and  void,  any  thing  herein  contained 
to  the  contrary  notwithstanding.     In  witness  whereof,  &c. 


Common  form  of  Mortgage  for  securing  the  payment  of  Money 
due  on  a  Bond. 

This  indenture  made  the  twentieth  day  of  April,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  forty-four,  between 

Allen  Sisty,  of  Middletown,  in  the  county  of  ,  yeoman,  of 

the  one  part,  and  John  Black,  of  the  city  of  Hartford,  merchant, 
of  the  other  part :  Whereas,  the  said  Allen  Sisty,  in  and  by  a  cer- 
tain obHgation,  or  writing  obhgatory,  under  his  hand  and  seal, 
bearing  even  date  herewith,  stands  bound  unto  the  said  John 
Black,  in  the  sum  of  one  thousand  dollars,  conditioned  for  the 
payment  of  five  hundred  dollars,  on  the  twentieth  day  of  July, 
next  ensuing  the  date  hereof,  with  lawful  interest  for  the  same, 
as  in  and  by  the  said  recited  obligation  and  condition  thereof,  rela- 
tion being  thereunto  had,  more  fully  and  at  large  appears.  Now 
this  indenture  witnesseth,  that  the  said  Allen  Sisty,  as  well  for 
and  in  consideration  of  the  aforesaid  debt  or  sum  of  five  hundred 
dollars,  and  for  the  better  securing  the  payment  thereof,  with  its 
interest  unto  the  said  John  Black,  his  executors,  administrators 
and  assigns,  in  discharge  of  the  said  recited  obligation,  as  of  the 
further  sura  of  one  dollar,  to  him  in  hand  paid,  by  the  said  John 
Black,  at  and  before  the  sealing  and  deUvery  hereof,  the  receipt 
whereof  is  hereby  acknowledged,  hath  granted,  bargained,  sold, 
released  and  confirmed,  and  by  these  presents  doth  grant,  bargain, 
sell,  release  and  confirm,  unto  the  said  John  Black,  his  heirs  and 
assigns,  all  that  messuage,  &c.,  together  with  all  and  singular  the 
buildings,  improvements,  ways,  woods,  waters,  water-courses, 
rights,  liberties,  privileges,  hereditaments,  and  appurtenances 
whatsover,  thereunto  belonging,  or  in  anywise  appertaining ;  and 
the^  reversions  and  remainders,  rents,  issues,  and  profits  thereof. 
To  have  and  to  hold  the  said  messuage,  &c.,  hereditaments  and 
premises  hereby  granted,  or  mentioned  or  intended  so  to  be,  with 
the  appurtenances,  unto  the  said  John  Black,  his  heirs  and  assigns, 
to  the  only  proper  use  and  behoof  of  the  said  John  Black,  his 
heirs  and  assigns  forever.  Provided  always,  nevertheless,  that  if 
the  said  Allen  Sisty,  his  heirs,  executors  or  administrators,  shall 
and  do  well  and  truly  pay,  or  cause  to  be  paid  unto  the  said  John 


MORTGAGE.  223 

Black,  his  executors,  administrators  or  assigns,  the  aforesaid  debt 
or  sum  of  five  hundred  dollars,  on  the  day  and  time  hereinbefore 
mentioned  and  appointed  for  payment  thereof,  with  lawful  inte- 
rest for  the  same,  according  to  the  condftion  of  the  said  recited  obli- 
gation, without  fraud  or  further  delay,  and  without  any  deduction, 
defalcation,  or  abatement  to  be  made  of  any  thing  for,  or  in  re- 
spect of,  any  taxes,  charges  or  assessments  whatsoever,  then  and 
from  thenceforth,  as  well  this  present  indenture,  and  the  estate 
hereby  granted,  as  the  said  recited  obligation,  shall  cease,  deter- 
mine, and  become  absolutely  null  and  void,  to  all  intents  and  pur- 
poses, any  thing  hereinbefore  contained  to  the  contrary  in  any- 
wise notwithstanding.     In  witness  whereof,  &c. 

For  continuing  a  Mortgage  hy  Indorsement. 

Whereas  the  within-named  Philip  Green  hath  advanced  and 
lent  unto  tJie  within-named  Isaac  Wallace  the  further  sum  of  five 
hundred  dollars,  the  receipt  whereof  the  said  Isaac  Wallace  doth 
hereby  acknowledge,  and  thereupon  the  said  Isaac  Wallace  hath 
entered  into  one  bond  or  writing  obligatory,  under  his  hand  and 
seal,  bearing  even  date  with  these  presents,  to  the  said  Philip 
Green,  in  the  penal  sum  of  one  thousand  dollars,  in  lawful  money 
of  the  United  States,  with  condition  thereunder  written,  for  mak- 
ing the  same  void,  upon  payment  unto  the  said  Philip  Green,  his 
executors,  administrators  or  assigns,  of  the  sum  of  five  hundred 
dollars,  of  like  lawful  money,  with  interest  for  the  same,  after  the 

rate  of ,  on  the day  of ,  as  in  and  by  the  said  bond 

or  writing  obligatory,  and  the  condition  thereof,  relation  being 
thereunto  had  may  more  fully  appear.  Now  know  ye,  that  as 
well  for  the  better  securing  and  more  sure  payment  unto  the  said 
Philip  Green,  his  executors,  administrators  and  assigns,  of  the  said 

further  sum  of  five  hundred  dollars,  and  interest  on  the  said 

day  of next  ensuing,  according  to  the  true  intent  and  mean- 
ing of  the  said  recited  bond  or  obhgation,  he,  the  said  Isaac  Wal- 
lace, doth  hereby  for  himself,  his  heirs,  executors,  administrators 
and  assigns,  covenant,  promise  and  agree,  to  and  with  the  said 
Philip  Green,  his  executors,  administrators  and  assigns,  the  mes- 
suages, &c,,  and  all  and  singular  other  the  premises,  with  the  ap- 
purtenances, by  the  within  written  indenture  of  demise  or  mort- 
gage, mentioned  to  be  granted,  bargained,  sold,  and  demised,  and 
every  part  and  parcel  thereof,  shall  stand  chargeable,  remain, 
continue,  and  be  a  security  unto  him,  the  said  Philip  Green,  his 
executors,  administrators  and  assigns,  as  well  for  the  payment  of 
the  sum  of  five  hundred  dollars  within  mentioned,  and  the  interest 
thereof,  as  also  for  the  payment  of  the  said  further  sum  of  five 
hundred  dollars,  now  lent,  and  advanced  as  aforesaid,  and  the 
interest  thereof;  and  that  the  said  premises,  or  any  part  thereof, 
shall  not  be  redeemed  or  redeemable,  either  in  law  or  in  equity, 


224-  MORTGAGE. 

until  not  only  the  said  sum  of  five  hundred  dollars,  before  lent, 
and  the  interest  thereof,  but  also  the  said  sum  of  five  hundred  dol- 
lars, now  lent,  and  the  interest  thereof  shall  be  paid  and  satisfied, 
unto  the  said  Philip  Gre'en,  his  executors,  administrators  and 
assigns,  according  to  the  true  intent  and  meaning  of  these  presents. 
In  witness  whereof,  I  have  hereunto  set  my  hand  and  affixed 
my  seal,  this day  of . 

Mortgage  to  secure  endorsers  in  Bank. 

This  indenture,  made,  &c.,  [here  insert  the  parties.]  Whereas 
the  said  C.  D.  and  E.  F.  have  endorsed  for  the  said  A.  B.,  a  cer- 
tain promissory  note  for  the  sum  of  five  hundred  dollars,  dated 

the day  of last  past,  and  payable  months  after 

date,  which  is  now  discounted  at  the  Bank  of ,  in  the  city 

of ,  and  which  said  note  it  is  contemplated  to  renew  from 

time  to  time ;  and  the  said  A.  B.,  being  desirous  to  secure  and 
sav6  the  said  C.  D.  and  E,  F.,  against  all  responsibility  as  endors- 
ers of  the  note  aforesaid,  thereof,  this  indenture  witnesseth,  that 
the  said  A.  B.,  as  well  for  and  in  consideration  of  securing  the 
said  endorsers  from  the  payment  of  the  note  aforesaid,  as  the  sum 
of  one  dollar  to  him  in  hand  paid,  by  the  said  C.  D.  and  E.  F.,  at 
and  before  the  seahng  and  delivery  hereof,  the  receipt  whereof  is 
hereby  acknowledged,  hath  granted,  bargained,  sold,  released,  and 
confirmed,  and  by  these  presents  doth  grant,  bargain,  release  and 
confirm,  unto  the  said  C.  D.  and  E.  F.,  their  heirs  and  assigns,  all 
that  certain  messuage,  &c.,  [here  describe  the  premises  and  recite 
the  title.]  Together  with  all  and  singular  the  buildings,  improve- 
ments, ways,  woods,  waters,  water-courses,  rights,  liberties,  privi- 
leges, hereditaments  and  appurtenances  whatsoever,  thereunto 
belonging,  or  in  anywise  appertaining;  and  the  reversions  and 
remainders,  rents,  issues,  and  profits  thereof.  To  have  and  to 
hold  the  said  messuage,  &c.,  hereditaments  and  premises  hereby 
granted,  or  mentioned,  or  intended  so  to  be,  with  the  appurte- 
nances, unto  the  said  C.  D.,  his  heirs  and  assigns,  to  the  only  pro- 
per use  and  behoof  of  the  said  C.  D.,  his  heirs  and  assigns,  for- 
ever. Provided  always,  nevertheless,  that  if  the  said  A.  B.,  his 
heirs,  executors  or  administrators,  shall  and  do  well  and  truly  pay, 
or  cause  to  be  paid,  unto  the  said  bank,  the  aforesaid  promissory 

note  for dollars,  on  the  day  and  time  hereinbefore  mentioned, 

and  appointed  for  payment  thereof,  or  by  other  lawful  means, 
save,  keep  harmless,  and  indemnified,  the  said  C.  D.  and  E.  F., 
their  heirs,  executors  and  administrators,  from  the  payment  of  the 
said  note,  and  all  costs,  damages  or  charges,  as  sureties  aforesaid,' 
then  and  from  thenceforth,  as  well  this  present  indenture  and  the 
estate  hereby  granted,  as  the  said  recited  obligation  shall  cease, 
determine,  and  become  absolutely  null  and  void,  any  thing  herein 
contained  to  the  contrary  notwithstanding. 

In  witness  whereof,  &c. 


NOTICES.  225 


A  short  Mortgage  of  Goods. 

Know  all  men  by  these  presents,  that  I,  A.  B.,  of ,  gentle- 
man, in  consideration  of  the  sum  of dollars,  to  me  paid,  by 

C.  D.,  of ,  Esq.,  the  receipt,  &c.,  have  granted,  bargained  and 

sold,  and  by  these  presents  do  grant,  &c.,  unto  the  said  C.  D.,  all 
the  goods  and  chattels,  wares,  effects  and  merchandise,  mentioned 
and  specified  in  the  schedule  hereunder  written :  To  have  and  to 
hold  all  and  singular  the  said,  &c.,  unto  the  said  C.  D.,  his  execu- 
tors, administrators  and  assigns,  forever.  {Add  a  covenant  to 
warranty  Sfc.) 

Provided,  nevertheless,  that  if  I,  the  said  A.  B.,  my  executors, 
administrators  or  assigns,  or  any  of  them,  do  and  shall,  well  and 
truly  pay,  or  cause  to  be  paid,  unto  the  said  C.  D.,  his  executors, 

&c.,  the  sum  of ,  then  these  presents  and  every  clause,  article 

and  thing  herein  contained,  shall  cease  and  be  void.  Other- 
wise, &c. 

In  testimony,  &c. 


Where  Deeds  and  Evidences  are  delivered  to  Mortgagee  upon 
the  execution  of  the  Mortgage  the  following  acknowledgment 
should  be  signed. 

I  do  hereby  acknowledge,  that  the  several  deeds  and  evidences 
comprised  in  the  above-written  schedule,  were  delivered  to  me 

upon  the  execution  of  a  mortgage  to  me  for  dollars  and 

interest,  of  which  the  within  written is  a  counterpart.    And 

I  do  hereby  promise  and  undertake  that  the  same  shall  be  de- 
livered, uncanceled  and  unaltered,  to  the  within-named  W.  W., 
his  heirs,  executors,  administrators  or  assigns,  or  as  he  or  they 
shall  direct,  upon  his  or  their  paying  to  me,  my  executors,  admi- 
nistrators or  assigns,  all  principal  and  interest  due  on  the  said 
mortgage,  unless  I,  my  executors,  administrators  or  assigns,  shall 
be  prevented  or  hindered  by  fire  or  other  inevitable  accident.  As 
witness  my  hand  the  day  and  year  first  within  written. 


NOTICES. 

A  notice,  is  the  information  given  of  some  act  done,  or  the 
interpellation  by  which  some  act  is  required  to  be  done.  No- 
tices should  always  be  in  writing ;  they  should  state,  in  precise 
terms,  their  object,  and  be  signed  by  the  proper  person,  or  his 
authorized  agent,  to  be  dated,  and  addressed  to  the  person  to  be 
efiected  by  them.  The  notice  should  be  served  by  leaving  a  copy 
with  the  party  to  whom  it  is  addressed.    With  respect  to  the  ne- 


226  NOTICES. 

cessity  for  giving  notice,  says  Mr.  Chitty,  1  Pr.  496,  the  rules  of 
law  are  most  evidently  founded  on  good  sense,  and  so  as  to  ac- 
cord with  the  intention  of  the  parties. 


Notice  to  Respondent  of  the  taking  of  Depositions  in  applica- 
tion for  Divorce. 

A.  B.j.by  her  next  friend,  C.  D.,)  In  the  Common  Pleas  of 


vs.  V     County  of ,  Term  18 — . 

E.  F.  ^      No. . 

Sur  Libel  for  Divorce. 

[Here  insert  the  interrogatories.] 

Sir:— You  will  please  take  notice  that  the  above  interrogato- 
ries, to  be  addressed  to  the  witnesses,  to  be  produced  in  this  case, 

on  the  part  of  the ,  have  been  filed,  and  that  the  said  witnesses 

will  be  produced,  sworn  or  affirmed,  and  examined  before  G.  H., 
Esq.,  examiner  appointed  by  the  said  court  for  that  purpose,  on 

the  day  of next,  at o'clock,  P.  M.,  of  that  day, 

when  and  where  you  may  attend,  or  file  cross  interrogatories,  as 
you  may  think  proper. 


Notice  of  the  Execution  of  a  Writ  of  Inquiry. 
John  Jones     ^  j^  ^^^  Common  Pleas  of  Lancaster  County  of 
William  Burns.  S      May  Term,  1844.     No.  200. 

Sir: — Take  notice,  that  a  writ  of  inquiry  of  damages  will  be 

executed  in  this  cause  on  ,  the day  of next,  at 

o'clock,  P.  M.,  at  the  house  of ,  in  the  borough  of . 

Notice  of  the  filing  of  Accounts  in  Court. 

Public  notice  is  hereby  given,  that  A.  B., of  C.  D.,  have 

filed  in  the office  in  and  for  the  county  of ,  at ,  his 

final  account,  as of  the  said ,  and  that  the  same  will  be 

presented  to  the court  of  said  county,  for  confirmation  and 

allowance  on ,  the day  of next,  at  the  court  house 

at ,  in  the  county  aforesaid. 


Notice  to  Constable  of  a  desire  to  vote  for  an  increase  of  the 
number  of  Justices  in  a  District. 

Sir  : — You  are  hereby  notified,  that  it  is  our  wish  at  the  next 
constable  election,  to  be  holden  in  and  for  the  township  of , 


NOTICES.  227 

to  vote  for  an  increase  of  the  number  of  justices  of  the  peace  in 
said  township.     You  will  please  govern  yourself  accordingly. 

Note. — This  must  be  signed  by  fifty  electors  in  the  township 
or  ward,  and  addressed  to ,  constable  of  the of . 


Notice  of  an  Election  to  change  the  place  of  holding  Township 

Elections. 

To  William  Graham,  Constable  of  the  Township  of  North  East, 
in  the  County  of  Erie,  and  State  of  Pennsylvania. 

Sir:— The  undersigned,  qualified  electors  of  the  township  of 
North  East,  in  the  county  and  state  aforesaid,  desirous  of  chang- 
ing the  place  of  holding  the  township  election  in  said  township, 
do  hereby  require  you  to  give  notice  thereof  to  the  electors  of  said 
township,  in  pursuance  of  the  requirements  of  the  first  division  of 
the  fifty-sixth  section  of  the  Act  relating  to  elections,  pasi^fed  July 
2d,  A.  D.  1839. 

[Signed  by  the  requisite  number  of  voters.] 


Notice,,by  Constable^  of  the  time  and  place  of  holding  stich 

Election. 

Notice  is  hereby  given,  that  a  meeting  of  the  qualified  electors 
residing  within  the  bounds  of  the  township  of  North  East,  will 

be  held  at ,  in  the  said  township,  on ,  the day  of 

,  A.  D.  1844,  at o'clock,  A.  M.,  for  the  purpose  of  de- 
termining upon  the  expediency  of  changing  the  place  of  holding 
the  township  elections  in  said  township. 

WILLIAM  GRAHAM, 
Constable  of  North  East  Township. 


Notice  of  an  Jippeal  by  Overseers  of  the  Poor,  from  an  Order  of 

Removal. 

Crawford  County,  ss. 

To  the  overseers  of  the  poor  of  the  township  of ,  in  said 

county. 

Take  notice,  that  we,  the  overseers  of  the  poor  of  the  township 

of ,  in  said  county,  do  intend,  at  the  next  General  Court  of 

Quarter  Sessions  of  the  Peace,  to  be  holden  in  and  for  the  said 
county  at  Meadville,  to  commence  and  prosecute  an  appeal  firom 
the  order  of  A.  B.  and  C.  D.,  two  of  the  justices  of  the  peace  of 
the  county  aforesaid,  for  the  removal  of  J.  C,  a  pauper,  from  the 
township  of to  the  township  of aforesaid. 


228  NOTICES. 


Notice  of  Captain  of  Militia  to  non-commissioned  officers  and 
privates  on  a  requisition  from  the  Governor  or  President. 

ToA.  B. 

Sir  : — Take  notice,  that  you  are  hereby  required  personally,  or 
by  a  sufficient  substitute,  to  appear  properly  armed  and  equipped 
for  service  at ,  on  the day  of ,  to  march  when  re- 
quired. 

Given  under  my  hand,  &c. 


Notice  to  Officers  of  their  Election. 

Take  notice,  that  at  an  election  held  at  the  house  of ,  A. 

B.,  in  the of ,  county  of ,  on  ,  the  day 

of instant,  you  were  duly  elected  to  the  office  of for 

said for  the  ensuing  year. 

Given  under  my  hand  at aforesaid,  this day  of , 

A.  D. . 


Notice  of  a  Rule  to  take  Depositions. 

[Here  insert  a  full  copy  of  the  rule.] 

Take  notice,  that  in  pursuance  of  the  above  rule,  the  deposition 

of ,  of  the of  — —  in  the  county  of ,  will  be  taken 

before  J.  B.,  Esq.,  one  of  the  justices  of  the  peace  in  and  for  the 

county  aforesaid,  at  his  office  in  the  borough  of ,  on , 

the day  of next,  between  the  hours  of and 

o'clock  in  the noon,  at  which  time  and  place  you  are  required 

to  attend  if  you  think  proper. 


Notice  of  proceedings  to  remove  Pauper. 

Lancaster  County,  ss. 

To  the  overseers  of  the  poor  of  the  township  of in  the 

county  of . 

You  are  hereby  notified  and  required  to  appear  before , 

and  such  other  of  the  justices  of  the  peace  of  the  said  county  as 

shall  be  at  the  house  of in  the of ,  and  county 

aforesaid,  on ,  the day  of ,  at o'clock  in  the 

noon,  to  show  cause,  [if  any  you  have,]  why  A.  B.,  a  pauper, 

should  not  be  removed  from  the  said  township  of to  the 

township  aforesaid. 

Given  under  my  hand  and  seal  this day  of ,  in  the 

year  of  our  Lord . 


NOTICES,  229 

Notice  of  a  motion  upon  a  Justice's  Judgment. 

John  Jones    1  n  r       t  x>    tt' 

(Before  J.  B.,  Esq. 

William  Burns.  \  J^^^^S"^^"*  for  John  Jones,  for dollars. 

To  John  Jones,  plaintiff  in  the  above  cause. 

At  the  instance  of  William  Burns,  the  defendant,  I  hereby  notify 

you  to  appear  before  me  at  my  office  in* ,  on ,  the 

day  of- ,  at o'clock  in  the noon,  to  show  cause,  (if 

any  you  have,)  why  the  above  judgment  should  not  be  opened 
and  another  hearing  given. 

Witness  my  hand  and  seal  at ,  this day  of ,  in 

the  year  of  our  Lord  one  thousand  eight  hundred  and . 

Notice  oj" Lumber  taken  up  in  Rivers. 

Public  notice  is  hereby  given,  that  a  lot  of  lumber  was  taken 

up  while  floating  in  the ,  on  the day  of ,  consisting 

of ,  a  list  and  description  of  which  are  lodged  in  my  office  at 

for  the  inspection  of  all  concerned.     The  owner  or  owners 

thereof  are  required  to  prove  property,  pay  all  legal  charges,  and 
take  it  away  within  three  months  from  the  date  hereof,  otherwise 
it  will  be  forfeited. 

Notice  of  sale  in  Attachment. 

Public  notice  is  hereby  given,  that  by  virtue  of  an  order  from 

A.  B.,  one  of  the  justices  of  the  peace  in  and  for  the of , 

will  be  exposed  to  public  sale  on  the day  of instant,  at 

o'clock  in  the  ,  at  the  house  of ,  in  the of 

in  the  said  county,  the  following  articles,  viz :  ( .)  At- 
tached as  the  property  of ,  late  of  the  said .    Attendance 

will  be  given  and  the  terms  of  sale  made  known  by . 

Notice  of  Landlord  to  Sheriff  or  Constable  to  pay  Rent  out  of 
proceeds  of  Sale. 

To  A.  B.,  Sheriff  of County. 

Sir  : — You  are  hereby  required  to  pay  over  to  the  undersigned, 
the  sum  of dollars  out  of  the  proceeds  of  the  sale  of  the  pro- 
perty of ,  that  being  the  amount  of  rent  in  arrear,  and  due 

by  him  to  me  for  the  premises  now  in  his  occupancy. 


230  NOTICES. 


Notice  to  Justice  of  intention  to  bring  suit  unless  he  tender 

amends. 

To  A.  B.,  Esq.,  Justice  of  the  peace  of . 

Sir  : — Take  notice,  that  if  you  do  not  tender  sufficient  amends 
within  thirty  days  from  the  date  hereof,  I  will  bring  my  action 

against  you  in  the  Court  of  Common  Pleas  of  the  county  of , 

VOL  the  following  case,  t(»wit :  that  you  maliciously,  illegally,  op- 
pressively, and  without  probable  cause,  &c.,  [here  state  the  griev- 
ance at  length,  omitting  no  material  part  of  it.] 

By  reason  of  all  which  illegal,  malicious  and  oppressive  conduct 
of  yours,  I  have  sustained  material  injury  and  damage. 

P.  S. — L.  M.,  Esq.,  is  my  attorney ;  his  place  of  abode  is . 

See  2  S.  &  H.  Pr.,  p.  472;  6  Binn.  84;  17  S.  &  R.  75,  for 
other  forms  of  these  notices. 


Notice  by  Commissioners  of  the  time  and  place  of  taking  De- 
positions. 

Whereas  the  undersigned  have  received  a  commission  issuing 

out  of  the  Common  Pleas  of  the  county  of ,  in  the  state  of 

,  to  us  and  others  \or  to  me]  directed  for  the  examination  of 

witnesses  in  a  certain  cause,  depending  between  A.  B.,  plaintiff, 
and  C.  D.,  defendant.  ^ 

These  are  to  give  you  notice,  mat  we  will  execute  the  said  com- 
mission on  behalf  of  the ,  at  the  house  of in street, 

in  the  borough  of ,  on  the day  of next,  at 

the  hour  of o'clock  in  the noon  of  the  same  day,  when 

and  where  you  may  attend  with  your  witnesses  and  commissioners 
if  you  think  proper. 

Witness  our  hands  this day  of ,  A.  D. . 


Notice  of  time  and  place  of  taking  Depositions  on  rule  of  Court. 
'  fin  the  Comihon  Pleas  of ,  County  of ,  Term 

ab.S    ^•°- — ■  ^°- — • 

[Here  copy  the  rule  as  certified  by  the  Prothonotary.] 
To  A.  B.,  the  plaintiff  above  named,  or  E.  F.,  his  attorney. 

Take  notice,  that  in  pursuance  of  the  above  rule,  the  deposition 
of  witness  to  be  read  in  evidence  on  the  trial  of  the  above  cause, 

on  the  part  of  the  defendant,  will  be  taken  at  the  house  of , 

in  the of ,  between  the  hours  of and o'clock 

of  the  same  day,  before  L.  M.,  Esq.,  a  justice  of  the  peace  in  and 
for  said  county,  or  before  some  other  justice  of  the  peace  or  judge, 
when  and  where  you  may  attend  if  you  think  proper. 


A.  B.^ 

vs.    > 

CD.) 


NOTICES.  231 


Notice  of  Special  Matter. 

In  the  Common  Pleas  of ,  County  of ,  Term 

A.  D. .     No. . 


Take  notice  that  the  defendant  has  added  the  pleas  of  nan- 
assumpsit  infra  sex  annos,  payment,  &c.,  to  the  pleas  already 
pleaded  in  this  cause. 

And  that  under  the  plea  of  payment,  he  intends  to  give  in  evi- 
dence on  the  trial  of  the  cause,  the  following  matters,  to  wit : 
[here  insert  the  special  mutter.^ 


Notice  of  Justification,  'tk 

•^'    '  1  In  the  Common  Pleas  of ,  County  of ,  Term 

Please  take  notice,  that  on  the  trial  of  this  cause  the  defendant 
will  give  evidence  in  justification  of,  &c.,  [here  insert  the  matter 
relied  on.] 


Notice  to  produce  Papers. 

A  B   ") 

'     *     '  f  In  the  Common  Pleas  of ,  County  of ,  Term 

CD.  \     A.  D. .    No. . 

Take  notice,  that  you  are  hereby  required  to  produce  to  the 
[court  and  jury'],  on  the  trial  of  this  cause,  a  certain  deed,  &c., 
[describing  the  papers  particularly ,]  and  all  other  letters,  books, 
papers  and  writings  whatsoever,  in  anywise  relating  to  the  matter 
in  question  in  this  cause. 

Notice  to  Constable  before  bringingf^uit  against  him  for  acts 
done  under  the  authority  of  a  Warrant. 

To  A.  B.,  constable  of  the of in  the  county  of . 

Whereas  on  or  about  the  day  of ,  A.  D.,  you  [here 

recite  the  act  done],  under  colour  of  a  warrant  of ,  or  some 

other  justice  of  the  peace,  authorizing  you  to  do  so. 

Now,  I  do  hereby,  as  attorney  of  the  said ,  and  on  his  be- 
half, demand  of  you  the  perusal  and  a  copy  of  all  and  every  war- 
rant, warrants,  execution  and  executions,  under  and  by  virtue  of 
which  you as  before  mentioned. 


232  '  NOTICES. 


Notice  by  purchaser  at  Sheriff's  Sale,  to  Tenant  in  possession. 

John  Jones     ^ 

vs.  > 

William  Burns.  3 

To  Mr.  William  Burns,  the  defendant  above  named. 

Sir : — Take  notice,  that  by  virtue  of  a  writ  of  venditioni  ex- 
ponas, which  issued  out  of  the  Court  of  Common  Pleas  of  the 

county  of ,  returnable  to  the day  of  ,  A.  D., 

,  against  you  at  the  suit  of  John  Jones,  the  sheriff  of  the  said 

county,  Richard  Roe,  Esq.,  did  on  the day  of ,  last  past, 

expose  to  sale  a  certain ,  then  and  now  in  your  possession, 

situate  in ,  and  containing  one  hundred  acres,  and  that  at  the 

■^aid  sale,  I  became  the  purchaser  thereof.  Whereupon  you  are 
hereby  notified  and  required  to  surrender  up  the  said  one  hun- 
dred acres  of  land,  with  the  appurtenances,  to  me,  the  purchaser 
thereof  as  aforesaid,  within  three  months  after  the  date  of  this 
notice,  as  you  shall  answer  your  default  herein  at  your  peril. 


Notice  to  Overseers  of  the  Poor  who  neglect  or  refuse  to  com- 
ply with  the  orders  of  relief. 

To  A.  B.  and  C.  D.,  Overseers  of  the  Poor  of  the of . 

You  are  hereby  notified  that  unless  you  make  the  weekly  pay- 
ments directed  by  the  order  of  E.  F.  and  G.  H.,  Esqrs.,  two  of 

the  Justices  of  the  Peace  in  and  for  the  county  of ,  for  the 

relief  of  J.  J.,  dated  the day  of  May,  A.  D.  1844,  you  will 

be  prosecuted  for  your  default  and  contempt  herein.  ^ 

Notice  of  Bail. 
John  Jones      ^  j^^  ^^^  Common  Pleas  of  Montgomery  County, 
WiUiamBuras.  \     «°-»  °^-^^'^  ^erm,  1844. 
Take  notice,  that  bail  was  this  day  put  in  for  the  defendant  in 

this  cause,  before ,  and  that  the  names  and  additions  of  such 

bail  are  A.  B.,  yeoman,  and  C.  C,  carpenter,  of . 


Notice  of  exception  to  Bail. 


John  Jones 
vs. 


In  the  Common  Pleas  of  Lancaster  County, 
WiUiamBurns.  ^     No.  —  of  May  Term,  1844. 

Take  notice,  that  I  have  excepted  against  the  bail  put  in  for 
the  defendant  in  this  cause. 


PAPER  BOOK.  233 

Notice  cl^ustification  of  Bail. 

^^  I  In  the  Common  Pleas  of  Lancaster  County, 

William'Burns.  ^     May  Term,  1844.     No.  12. 
Take  notice,  that  J.  R.  and  L.  P.,  the  bail  already  put  in  by  the 

defendant,  and  of  whom  you  have  had  notice,  will,  on  the 

day  of next,  justify  themselves  before  ,  as  good  and 

sufficient  bail  for  the  defendant  in  this  cause. 

N.  B.  (Where  bail  is  added  and  justified,  say)  That  Q.  S.,  of 

,  will,  on  the day  of next,  add  himself  to  the  bail 

already  put  in,  &c. 


PAPER  BOOK. 

A  paper  book  is  a  book  or  paper  containing  an  abstract  of  all 
the  facts  and  pleadings  necessary  to  a  full  understanding  of  a  case. 
Courts  of  error  and  other  courts,  on  arguments,  require  that  each 
of  the  judges  shall  be  furnished  with  such  a  book  before  the  argu- 
ments are  made. 

It  should  first  contain  the  evidence  on  the  side  of  the  plaintiff, 
then  of  the  defendant,  and  the  bills  of  exception. 

The  following  will  answer  for  a  form  in  making  up  a  paper 
book  for  the  Judges  of  the  Supreme  Court  of  Pennsylvania. 


A.  B.,  plaintiff  in  error,  ^  Error  to  the  Common  Pleas  of 

vs.  >     county. 

C.  D.,  defendant  in  error.  )  Sci.fa.  on  a  mortgage. 
The  plaintiff  gave  the  following  evidence : 

1.  Mortgage  given  by to ,  dated  ,  for  

dollars. 

2.  Bond  from  same  to  same,  dated ,  for dollars. 

3.  Assignment  of  said  bond  and  mortgage  by  said  to 

,  on  the day  of ,  in  the  following  words,  &c.  &c. 

Thereupon  the  plaintiff  closed. 

The  defendant  to  maintain  the  issue  on  his  part,  called  E.  F., 
who  being  sworn,  testified  as  follows:  [Here  add  the  testi- 
mony as  received.]  The  defendant  then  offered  to  ask  the  wit- 
ness, &c.  To  the  admission  of  which  evidence,  the  plaintiff  ob- 
jected. The  court  sustained  the  objection  and  admitted  the 
evidence,  to  which  decision  the  plaintiff  excepted  and  prayed  the 
court  to  seal  this  his  bill  of  exceptions,  which  is  done  accordingly. 

^dd  thus  the  whole  of  the  material  testimony  with  all  the 


234  PATENTS. 


bills  of  exceptions  as  they  were  sealed,  and  close  with  the  charge 
of  the  court  to  the  jury ,  tohich  mv^^be  signed  and  sealed  by 
the  president  judge. 


PATENTS. 

Information  to  persons  having  business  at  the  Patent  Office 
at  fVashington,  under  the  Act  of  Congress,  August  29, 
1842. 

Art.  1.  This  act  authorizes  the  Treasurer  of  the  United  States 
to  repay  any  money  which  has  been  paid  into  the  Treasury  by 
actual  mistake,  as  for  patent  fees,  thus  precluding  the  necessity 
of  special  application  to  Congress  for  relief. 
Art.  2.  The  privilege  of  renewal  of  lost  patents  is  now  ex- 
tended to  those  granted  before  the  fire  of  December,  1836. 
Heretofore  it  has  been  limited  to  those  actually  lost  before  the 
fire,  and  thus  excluding  many  lost  subsequently,  and  before 
they  were  recorded  anew  in  this  office,  leaving  the  inventor 
without  remedy. 
Art.  3.  Protection  is  by  this  act  extended  to  a  new  class  of  ob- 
jects, viz : 
To  new  and  original  Designs: 
— for  a  manufacture  of  metal  and  other  materials : 
— for  the  printing  of  woolen,  silk,  cotton,  or  other  fabrics : 
— for  busts,  statues,  or  has  reliefs,  or  composition  in  alto  or 

basso  relievo  : 
— for  any  impression  or  ornament,  or  to  be  placed  on  any  article 

of  manufacture  in  marble  or  other  material : 
— for  any  new  and  useful  pattern,  print,  or  picture,  to  be  in 
any  manner  attached  to  or  fixed  on  any  article  of  manu- 
facture : 
— for  any  new  or  original  shape  of  configuration  of  any  arti- 
cle of  manufacture :  all  such  designs  not  being  previously 
known  or  used  by  others. 
Art.  a.  American  ministers,  consuls,  &c.,  residing  abroad,  may 
administer  the  oath  required  for  applicants  not  resident  in  the 
United  States.    Heretofore  such  functionaries  were  not  author- 
ized to  perform  this  act,  thus  subjecting  applicants,  in  foreign 
countries,  to  much  inconvenience. 
Art.  5.  The  stamping  or  affixing  the  name  of  any  patentee  on 
any  article  without  authority  so  to  do,  or  the  affixing  the  word 
patent  or  letters  patent,  or  the  stamp,  mark,  or  device  of  any 
patentee  on  any  unpatented  article,  for  the  purpose  of  deceiv- 
ing the  public,  is  forbidden  under  a  penalty  not  less  than  one 
hundred  dollars. 
Art.  6.  Patentees  or  their  assigns  are  now  required  to  affix  the 


PATENTS.  235 

date  of  the  patent  on  each  article  vended  or  offered  for  sale, 

under  a  like  penalty — thus  affording  to  the  public  notice  of  the 

duration  of  the  patent — when  the  article  is  of  such  a  nature 

that  the  date  cannot  be  printed  thereon,  it  should  be  affixed  to 

the  case  or  package  containing  it. 

It  will  be  observed  that  this  act  does  not  repeal  or  change  the 
law  under  which  patents  have  heretofore  been  granted,  but  is 
merely  additional  thereto — all  patents,  except  for  designs,  being 
granted  for  fourteen  years,  and  the  fee,  as  hitherto,  being  thirty 
dollars. 

Before  the  grant  of  any  patent  under  this  act  the  application 
must  be  made  by  petition  to  the  Commissioner  of  Patents,  signed 
by  the  inventor. 

He  is  also  required  to  furnish  a  written  description  or  specifica- 
tion of  his  invention  or  production,  in  which  the  same  shall  be 
fully  and  clearly  described — such  specification  to  be  signed,  wit- 
nessed by  two  witnesses,  and  verified  by  his  oath  or  affirmation. 

In  all  cases  which  admit  of  representation  by  drawings,  the 
application  must  be  accompanied  by  duplicate  drawings  and  a 
specimen — and  in  other  cases  by  duplicate  specimens. 

The  provisions  of  the  6th  section  do  not  apply  to  patents 
granted  prior  to  the  passage  of  this  act. 

Fees  payable  at  the  Patent  Office. 

Sec.  40.  All  fees  must  be  paid  in  advance  ;  the  amount  fixed 
by  law,  except  in  the  case  of  drawings,  the  expense  of  which  will 
be  communicated  on  application  for  the  same. 

Sec.  41.  Every  applicant  must  pay  into  the  Treasury  of  the 
United  States,  or  into  the  Patent  Office,  or  into  any  of  the  deposit 
banks,  a  deposit  to  the  credit  of  the  Treasurer,  on  presenting  his 
petition  or  application,  as  follows  ; 

Sec.  42.  If  a  citizen  of  the  United  States,  as  a  patent 

fee  ------     §30  00 

Sec.  43.  If  a  foreigner,  who  has  resided  in  the  United 
States  one  year  next  preceding  the  application  for 
a  patent,  and  shall  have  made  oath  of  his  intention 
to  become  a  citizen  -  -  -  -       30  00 

Sec  44.  If  a  subject  of  the  Sovereign  of  Great  Bri- 
tain _-.-..     500  00 
Sec.  45.  All  other  foreigners  -  -  -  -     300  00 

Sec  46.  On  entering  a  caveat  -  -  -       20  00 

Sec  47.  On  entering  an  application  for  an  appeal 

from  the  decision  of  the  Commissioner       -  -       25  00 

Sec  48.  On  extending  a  patent  beyond  the  fourteen 

years  -  -  -  -  -  -       40  00 

Sec  49.  For  adding  to  a  patent  the  specification  of  a 

subsequent  improvement    -  -  -  -       15  00 


236  PATENTS. 

In  case  of  re-issues,  for  every  additional  patent         -      30  00 

Sec.  50.  On  surrender  of  an  old  patent,  to  be  re- 
issued, to  correct  a  mistake  of  the  patentee  -       15  00 

Sec.  51.  For  a  disclaimer      -  -  -  -      10  00 

Sec  52.  For  copies  of  patents,  or  any  other  paper  on 
file,  for  each  100  words      -  -  -  -  10 

Sec  53.  For  copies  of  drawings,  a  reasonable  sum, 
in  proportion  to  the  time  occupied  in  making  the 
same. 

Sec  54.  Communications  to  and  from  the  Patent  Office,  are 
free  of  postage. 

Sec  55.  All  fees  under  five  dollars,  if  sent  to  the  Commissioner 
of  Patents,  should  be  transmitted  in  specie. 

Sec  56.  It  is  recommended  to  make  a  deposit  in  a  specie-pay- 
ing deposit  bank,  of  the  fee  for  a  patent  or  other  application,  and 
to  remit  the  certificate.  Where  this  cannot  be  done  without  much 
inconvenience,  gold  may  be  remitted  by  mail  free  of  postage. 

Sec  57.  In  case  of  deposits  made  in  the  deposit  banks,  a  du- 
plicate receipt  should  be  taken,  stating  by  whom  the  payment  is 
made,  and  for  what  object.  The  particular  invention  should  be 
referred  to,  to  enable  the  applicant  to  recover  back  the  twenty 
dollars,  in  case  of  the  withdrawal  of  the  petition.  The  certificate 
of  deposit  may  be  in  the  following  form  : 

Sec  58.  Bank  of 

*  The  Treasurer  of  the  United  States  has  credit  at  this  office  for 

dollars  in  specie,  deposited  by 
of  the  town  of  in  the  county  of  , 

and  state  of  ,  the  same  being  for  a  patent  [or 

whatever  the  object  may  be]  for  a  steam-boiler. 

Sec  59.  N.  B.  The  Patent  Office  does  not  make  original 
drawings  to  accompany  applications  for  patents,  and  furnishes 
copies  of  the  same  only  after  the  patent  is  completed.  Draughts- 
men in  the  city  of  Washington  are  always  ready  to  make  draw- 
ings, at  the  expense  of  the  patentees. 


FORMS  WHICH  MAY  BE  USED  IN  MAKING  APPLICATIONS  AT  THE 
PATENT  OFFICE. 

Form  of  Petition. 
To  the  Commissioner  of  Patents : 

The  petition  of  Sebastian  Cabot,  of  Cabotville,  in  the  County  of 
Hampden,  and  State  of  Massachusetts, 

Respectfully  represents  : 

That  your  petitioner  has  invented  a  new  [and  improved  mode 
of  preventing  steam-boilers  from  bursting],  which  he  verily  be- 
lieves has  not  been  known  or  used  prior  to  the  invention  thereof 


PATENTS.  237 

by  your  petitioner.  He  therefore  prays  that  letters  patent  of  the 
United  States  may  be  granted  to  him  therefor,  vesting  in  him  and 
his  legal  representatives  the  exclusive  right  to  the  same,  upon  the 
terms  and  conditions  expressed  in  the  Act  of  Congress  in  that  case 
made  and  provided ;  he  having  paid  thirty  dollars  into  the  treasury, 
and  complied  with  other  provisions  of  the  said  act. 

SEBASTIAN  CABOT. 


Form  of  Specification. 

To  all  whom  it  may  concern  : 

Be  it  known  that  I,  Sebastian  Cabot,  of  Cabotville,  in  the 
County  of  Hampden,  and  State  of  Massachusetts,  have  invented 
a  new  and  improved  mode  of  preventing  steam-boilers  from  burst- 
ing, and  I  do  hereby  declare  that  the  following  is  a  full  and  exact 
description : 

The  nature  of  my  invention  consists  in  providing  the  upper 
part  of  a  steam-boiler  with  an  aperture  in  addition  to  that  for  the 
safety-valve,  which  aperture  is  to  be  closed  by  a  plug,  or  disk,  of 
alloy,  which  will  fuse  at  any  given  degree  of  heat,  and  permit  the 
steam  to  escape,  should  the  safety-valve  fail  to  perform  its  functions. 

To  enable  others  skilled  in  the  art  to  make  and  use.  my  inven- 
tion, I  will  proceed  to  describe  its  construction  and  operation :  I 
construct  my  steam-boiler  in  any  of  the  known  forms,  and  apply 
thereto  gauge-cocks,  a  safety-valve,  and  the  other  appendages  of 
such  boilers ;  but,  in  order  to  obviate  the  danger  arising  from  the 
adhesion  of  the  safety-valve,  and  from  other  causes,  I  make  a 
second  opening  in  the  top  of  the  boiler^imilar  to  that  made  for 
the  safety-valve,  as  shown  at  A,  in  theWccompanying  drawing; 
and  in  this  opening  I  insert  a  plug  or  disk  of  fusible  alloy,  securing 
it  in  its  place  by  a  metal  ring  and  screws,  or  otherwise.  This 
fusible  metal,  I,  in  general,  compose  of  a  mixture  of  lead,  tin  and 
bismuth,  in  such  proportions  as  will  insure  its  melting  at  a  given 
temperature,  which  must  be  that  to  which  it  is  intended  to  limit 
the  steam,  and  will  of  course  vary  with  the  pressure  the  boiler  is 
intended  to  sustain.  I  surround  the  opening  containing  the  fusible 
alloy  by  a  tube,  B,  intended  to  conduct  off  any  steam  which  may 
be  discharged  therefrom.  When  the  temperature  of  the  steam,  in 
such  a  boiler,  rises  to  its  assigned  limit,  the  fusible  alloy  will  melt, 
and  allow  the  steam  to  escape  freely,  thereby  securing  it  from  all 
danger  of  explosion. 

What  I  claim  as  my  invention,  and  desire  to  secure  by  letters 
patent,  is  the  application  to  steam-boilers  of  a  fusible  alloy,  which 
will  melt  at  a  given  temperature,  and  allow  the  steam  to  escape, 
as  herein  described ;  using  for  that  purpose  any  metallic  compound 
which  will  produce  the  intended  effect. 

Witness  •  5  "^"^^  ^°^'  SEBASTIAN  CABOT. 

RiCHARB  Roe. 


238  PATENTS. 

When  the  application  is  for  a  machine,  the  specification  should 
commence  thus : 

Be  it  known  that  I,  Sebastian  Cabot,  of  Cabotville,  in  the  county 
of  Hampden  and  State  of  Massachusetts,  have  invented  a  new 
and  useful  machine  for — [stating  the  use  and  title  of  the  machine  ; 
and  if  the  application  is  for  an  improvement,  it  should  read  thus : 
a  new  and  useful  improvement  on  a,  or  on  the,  machine,  &c.J — 
and  I  do  hereby  declare  that  the  following  is  a  full,  clear  and 
exact  description  of  the  construction  and  operation  of  the  same, 
reference  being  had  to  the  annexed  drawings,  making  a  part  of 
this  specification,  in  which  figure  1  is  a  perspective  view,  figure 
2  a  longitudinal  elevation,  figure  3  a  transverse  section,  &c.  [thus 
describing  all  the  sections  of  the  drawings,  and  then  referring  to 
the  parts  by  letters.]  Then  follows  the  description  of  the  con- 
struction and  operation  of  the  machine,  and  ending  with  the  claim, 
which  should  express  the  nature  and  character  of  the  invention, 
and  identify  the  part  or  parts  claimed  separately  or  in  combina- 
tion. If  the  application  is  for  an  improvement,  the  original  in- 
vention should  be  disclaimed,  and  then  the  claim  confined  to  the 
improvement. 

Form  of  Oath.  , 

CJounty  of  Hampden,  State  of  Massachusetts,  ss. 

On  this  tenth  day  of  January,  1845,  before  the  subscriber,  a 
justice  of  the  peace  in  and  for  the  said  county,  personally  appeared 
the  within-named  Sebastian  Cabot,  and  made  solemn  oath  [or 
afiirmation]  that  he  vei^  believes  himself  to  be  the  original  and 
first  inventor  of  the  m^k  herein  described  for  preventing  steam- 
boilers  from  bursting,  and  that  he  does  not  know  or  believe  that 
the  same  was  ever  before  known  or  used ;  and  that  he  is  a  citizen 
of  the  United  States. 

Signed,  A.  B. 

Form  of  Withdrawal. 

To  the  Commissioner  of  Patents : 

Sir: — I  hereby  withdraw  my  application  for  a  patent  for  im- 
provements in  the  steam-boiler,  now  in  your  oflice,  and  request 
that  twenty  dollars  may  be  returned  to  me,  agreeably  to  the  pro- 
vision of  the  Act  of  Congress  authorizing  such  withdrawal. 

SEBASTIAN  CABOT. 

Cabotville,  Mass.,  March  1,  1845. 


PATENTS.  239 

Form  of  surrender  of  a  Patent  for  Re-issue. 

To  the  Commissioner  of  Patents  : 
The  petition  of  Sebastian  Cabot,  of  Cabot ville,  in  the  County  of 

Hampden,  and  State  of  Massachusetts, 
Respectfully  represents  : 

That  he  did  obtain  letters  patent  of  the  United  States  for  an 
improvement  in  the  boilers  of  steam-engines,  which  letters  patent 
are  dated  on  the  first  day  of  March,  1835.  That  he  now  believes 
that  the  same  is  inoperative  and  invalid,  by  reason  of  a  defective 
specification,  which  defect  has  arisen  from  inadvertence  and  mis- 
take. He  therefore  prays  that  he  may  be  allowed  to  surrender, 
and  he  hereby  does  surrender  the  same,  and  request  that  new  let- 
ters patent  may  issue  to  him  for  the  same^ invention,  for  the  residue 
of  the  period  for  which  the  original  patent  was  granted,  under 
the  amended  specification  herewith  presented ;  he  having  paid 
fifteen  dollars  into  the  Treasury  of  the  United  States,  agreeably 
to  the  requirements  of  the  Act  of  Congress  in  that  case  made  and 
provided.  SEBASTIAN  CABOT. 

Form  of  Assignment  of  a  right  in  a  Patent. 

Whereas  I,  Sebastian  Cabot,  of  Cabotville,  in  the  county  of 
Hampden,  and  State  of  Massachusetts,  did  obtain  letters  patent  of 
the  United  States,  for  certain  improvements  in  steam-engines, 
which  letters  patent  bear  date  the  first  day  of  March,  1835 ;  and 
whereas  John  Doe,  of  Cabotville  aforesaid,  is  desirous  of  acquir- 
ing an  interest  therein :  Now  this  indenture  witnesseth,  that  for 
and  in  consideration  of  the  sum  of  two  thousand  dollars,  to  me  in 
hand  paid,  the  receipt  of  which  is  hereby  acknowledged,  I  have 
assigned,  sold,  and  set  over,  and  do  hereby  assign,  sell,  and  set 
over,  all  the  right,  title  and  interest,  which  I  have  in  the  said  in- 
vention, as  secured  to  me  by  said  letters  patent,  for,  to,  and  in, 
the  several  states  of  New  York,  New  Jersey  and  Pennsylvania, 
and  in  no  other  place  or  places.  The  same  to  be  held  and  enjoyed 
by  the  said  John  Doe  for  his  own  use  and  behoof,  and  for  the 
use  and  behoof  of  his  legal  representatives,  to  the  full  end  of  the 
term  for  which  said  letters  patent  are  or  may  be  granted,  as  fully 
and  entirely  as  the  same  would  have  been  held  and  enjoyed  by 
me,  had  this  assignment  and  sale  not  have  been  made. 

In  testimony  whereof,il  have  hereunto  set  my  hand,  and  affixed 
my  seal,  this  first  day  of  March,  1S45. 

Witness:  J   ^v^' 


SEBASTIAN  CABOT. 


240  PATENTS, 

Form  of  Disclaimer. 
To  the  Commissioner  of  Patents ; 
The  petition  of  Sebastian  Cabot,  of  Cabotville,  in  the  county  of 

Hampden,  and  State  of  Massachusetts, 
Respectfully  represents  : 

That  he  has,  by  assignment  duly  recorded  in  the  Patent  Office, 
become  the  owner  of  a  right,  for  the  several  states  of  Massachu- 
setts, Connecticut  and  Rhode  Island,  to  certain  improvements  in 
the  steam  engine,  for  which  letters  patent  of  the  United  States 
were  granted  to  John  Doe,  of  Boston,  in  the  State  of  Massachu- 
setts, dated  on  the  first  day  of  March,  1835.  That  he  has  reason 
to  believe  that,  through  inadvertence  and  mistake,  the  claim  made 
in  the  specification  of  said  letters  patent  is  too  broad,  including 
that  of  which  the  said  patentee  was  not  the  first  inventor.  Your 
petitioner,  therefore,  hereby  enters  his  disclaimer  to  that  part  of 
the  claim  in  the  aforenamed  specification,  which  is  in  the  follow- 
ing words,  to  wit :  "  I  also  claim  the  particular  manner  in  which 
the  piston  of  the  above-described  engine  is  constructed,  so  as  to 
insure  the  close  fitting  of  the  packing  thereof  to  the  cylinder,  as 
set  forth ;"  which  disclaimer  is  to  operate  to  the  extent  of  the  in- 
terest in  said  letters  patent  vested  in  your  petitioner,  who  has  paid 
ten  dollars  into  the  treasury  of  the  United  States,  agreeably  to  the 
requirements  of  the  Act  of  Congress  in  that  case  made  and  pro- 
vided. SEBASTIAN  CABOT. 

When  the  disclaimer  is  made  by  the  original  patentee,  it  must, 
of  course,  be  worded  so  as  to  express  that  fact. 

Form  of  Caveat. 
To  the  Commissioner  of  Patents : 
The  petition  of  Sebastian  Cabot,  of  Cabotville,  in  the  County  of 

Hampden,  and  State  of  Massachusetts, 
Respectfully  represents  : 

That  he  has  made  certain  improvements  in  the  mode  of  con- 
structing the  boilers  of  steam-engines ;  and  that  he  is  now  engaged 
in  making  experiments  for  the  purpose  of  perfecting  the  same, 
preparatory  to  his  applying  for  letters  patent  therefor.  He  there- 
fore prays  that  the  subjoined  description  of  his  invention  may  be 
filed  as  a  caveat,  in  the  confidential  archives  of  the  Patent  Office, 
agreeably  to  the  provisions  of  the  Act  f  f  Congress,  in  that  case 
made  and  provided ;  he  having  paid  twenty  dollars  into  the  trea- 
sury of  the  United  States,  and  otherwise  complied  with  the  require- 
ments of  the  said  act, 

Cabotville,  March  1,  1845.  SEBASTIAN  CABOT. 

Here  should  follow  a  description  of  the  general  principles  of 
the  invention,  so  far  as  it  has  been  completed. 


PATENT.  241 

Form  for  Addition  of  new  Improvements. 

To  the  Commissioner  of  Patents : 
The  petition  of  Sebastian  Cabot,  of  Cabotville,  in  the  County  of 

Hampden,  and  State  of  Massachusetts, 
Respectfully  represents  : 

That  your  petitioner  did  obtain  letters  patent  of  the  United 
States  for  an  improvement  in  the  boilers  of  steam-engines,  which 
letters  patent  are  dated  on  the  first  day  of  March,  1835 ;  that  he 
has,  since  that  date,  made  certain  improvements  on  his  said  in- 
vention ;  and  that  he  is  desirous  of  adding  the  subjoined  descrip- 
tion of  his  said  improvements  to  his  original  letters  patent,  agree- 
ably to  the  provisions  of  the  Act  of  Congress  in  that  case  made  and 
provided  ;  he  having  paid  fifteen  dollars  into  the  treasury  of  the 
United  States,  and  otherwise  complied  with  the  requirements  of 
the  said  act.  SEBASTIAN  CABOT. 

Form  of  Assignment  before  obtaining  Uetters  Patent,  and  to 
be  recorded  preparatory  thereto. 

Whereas  I,  Sebastian  Cabot,  of  Cabotville,  in  the  county  of 
Hampden  and  State  of  Massachusetts,  have  invented  certain  new 
and  useful  improvements  in  the  boilers  of  steam-engines,  for  which 
I  am  about  to  make  application  for  letters  patent  of  the  United 
States ;  and  whereas  John  Doe,  of  Cabotville  aforesaid,  has  agreed 
to  purchase  from  me  all  the  right,  title  and  interest  which  I  have, 
or  may  have,  in  and  to  the  said  invention,  in  consequence  of  the 
grant  of  letters  patent  therefor,  and  has  paid  to  me,  the  said  Cabot, 
the  sum  of  five  thousand  dollars,  the  receipt  of  which  is  hereby 
acknowledged.  Now,  this  indenture  witnesseth,  that  for  and  in 
consideration  of  the  said  sum  to  me  paid,  I  have  assigned  and 
transferred,  and  do  hereby  assign  and  transfer,  to  the  said  John 
Doe,  the  full  and  exclusive  right  to  all  the  improvements  made 
by  me,  as  fully  set  forth  and  described  in  the  specification  which 
I  have  prepared  and  executed  preparatory  to  the  obtaining  of 
letters  patent  therefor.  And  I  do  hereby  authorize  and  request 
.  the  Commissioner  of  Patents  to  issue  the  said  letters  patent  to  the 
said  John  Doe,  as  the  assignee  of  my  whole  right  and  title  thereto, 
for  the  sole  use  and  behoof  of  the  said  John  Doe  and  his  legal 
representatives. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  affixed 
my  seal,  this  first  day  of  March,  1838. 


Witness:  J   ^•^•' 


SEBASTIAN  CABOT. 


242  PATENX. 


Form  of  Jlpplication  for  Patents  on  Designs  under  the  Act 
of  August  29,  1842. 

To  the  Commissioner  of  Patents : 
The  petition  of  Sebastian  Cabot,  of  Cabotsville,  in  the  County  of 
Hampden,  and  State  of  Massachusetts, 

Respectfully  represents  : 

That  your  petitioner  has  invented  or  produced  [a  new  design 
or  figure  to  be  stamped  or  printed  on  fabrics,  which,  when  thus 
printed,  are  termed  calicoes],  which  he  verily  beheves  has  not 
been  known  prior  to  the  production  thereof  by  your  petitioner. 
He  therefore  prays  that  letters  patent  of  the  United  States  may  be 
granted  to  him  therefor,  vesting'  in  him  and  his  legal  representa- 
tives the  exclusive  right  to  the  same,  upon  the  terms  and  conditions 
expressed  in  the  Act  of  Congress  in  that  case  made  and  provided ; 
he  having  paid  fifteen  dollars  into  the  treasury,  and  complied  with 
other  provisions  of  the  said  act.  SEBASTIAN  CABOT. 


Specification. 

To  all  whom  it  may  concern  : 

Be  it  known  that  I,  Sebastian  Cabot,  of  Cabotsville,  in  the 
County  of  Hampden,  and  State  of  Massachusetts,  have  invented 
or  produced  a  new  [design  or  figure  to  be  printed  on  fabrics, 
which,  when  thus  printed,  are  termed  calicoes],  and  I  do  hereby ' 
declare  that  the  following  is  a  full  and  exact  description  of  the 
same.  [Here  follows  a  description  of  the  design  or  figure  with 
reference  to  the  specimen,  or  to  a  drawing  of  it  in  all  cases  which 
admit  of  representation  by  drawings.] 

The  specification  to  conclude  with  declaring  what  the  inventor 
or  producer  claims  to  be  expressed  in  terms  which  will  give  the 
character  of  the  design,  &c. 


Form  of  Oath. 

County  of  Hampden,  State  of  Massachusetts,  ss. 

On  this  tenth  day  of  January,  1845,  before  the  subscriber,  a 
justice  of  the  peace  in  and  for  said  county,  personally  appeared 
the  within-named  Sebastian  Cabot,  and  made  solemn  oath  [or 
affirmation  as  the  case  may  be],  that  he  verily  believes  himself  to 
be  the  original  and  first  inventor  or  producer  of  the  design  for 
figures  to  be  printed  on  fabrics  which,  when  thus  printed,  are 
termed  calicoes,  and  that  he  does  not  know  or  believe  that  the 
same  was  ever  before  known  or  used,  and  that  he  is  a  citizen  of 
the  United  States.  Signed,  A.  B. 


PETITIONS.  243 


Letters  Patent  for  a  new  Invention. 

Whereas  J.  S.,  of  the of ,  in  the  county  of ,  has 

alleged  that  he  has  invented  a  new  and  useful  machine,  which  he 
states  has  not  been  known  or  used  before  his  application ;  has 
made  oath  that  he  is  a  citizen  of  the  United  States — that  he  verily 
believes  that  he  is  the  original  and  first  inventor  of  the  said  ma- 
chine, (discoverer  of  the  improvement,)  and  that  the  same  hath 
not,  to  the  best  of  his  knowledge  and  belief,  been  previously  known 
or  used ;  has  paid  into  the  treasury  of  the  United  States  the  sum 
of  thirty  dollars,  and  presented  a  petition  to  the  Commissioner  of 
Patents,  signifying  his  desire  of  obtaining  an  exclusive  property 
in  the  said  improvement,  and  praying  that  a  patent  may  be  granted 
for  that  purpose. 

These  are,  therefore,  to  grant,  according  to  law,  to  the  said  J. 
S.,  his  heirs,  executors,  administrators  and  assigns,  for  the  full  term 

of  fourteen  years  from  the day  of ,  A.  D. ,  the  full 

and  exclusive  right  and  liberty  of  making,  using  and  vending  to 
others  to  be  used,  the  said  machine,  a  description  whereof  is  given 
in  the  words  of  the  said  J.  S.,  in  the  schedule  hereto  annexed,  and 
is  made  part  of  these  presents. 

In  testimony  whereof,  I  have  caused  these  letters  to  be  made 
patent,  and  the  seal  of  the  Patent  Office  has  been  hereto  affixed. 

Given  under  my  hand,  at  the  city  of  Washington,  this 

day  of ,  A.  D. ,  and  of  the  Independence  of  the  United 

States  of  America  the  — '■ — . 


PETITIONS. 

Remarks. 

A  petition  is  an  instrument  containing  a  prayer  from  the  per- 
son or  persons  who  signed  it,  to  the  body  or  person  to  whom  it  is 
presented,  for  the  redress  of  some  wrong,  or  the  grant  of  some 
favour,  which  the  latter  has  the  right  to  give.  By  the  constitution 
of  the  United  States,  the  right "  to  petition  the  government  for  a 
redress  of  grievances,"  is  secured  to  the  people.  Amendment  to 
Constitution,  Art.  1.  Petitions  are  frequently  presented  to  the 
courts  in  order  to  bring  some  matters  before  them.  It  is  a  general 
rule  in  such  cases,  that  an  affidavit  should  be  made  that  the  facts 
therein  contained  are  true,  as  far  as  known  to  the  petitioner,  and 
that  those  facts  which  he  states  as  knowing  from  others,  he  be- 
lieves to  be  true. 


244  PETITIONS. 


To  the  Governor  of  a  Slate. 

To  his  Excellency,  J.  R.,  Governor  of  the  Commonwealth  of 
Pennsylvania:  The  petition  of  the  subscribers,  citizens  of  the 
borough  of  Reading,  in  the  County  of  Berks,  respectfully  show- 
eth :  [Here  state  the  subject  matter  petitioned  for.]  And  your 
petitioners,  as  in  duty  bound,  will  ever  pray,  &c. 


To  the  Congress  of  the  United  States. 

To  the  Honourable,  the  Senate  and  House  of  Representatives, 
of  the  United  States  of  America,  in  Congress  assembled :  The 
petition  of  the  subscribers,  citizens  of  the  city  of  Lancaster,  in  the 
State  of  Pennsylvania,  respectfully  showeth :  [here  state  the  sub- 
ject matter  petitioned  for.]  And  your  petitioners  will  ever 
pray,  &c. 


To  the  Legislature  of  Pennsylvania. 

To  the  Honourable,  the  Senate  and  House  of  Representatives 
of  the  Commonwealth  of  Pennsylvania,  in  General  Assembly 
met :  The  petition,  &c.,  [as  above.] 

Petition  for  laying  out  a  Road. 

To  the  Honourable,  the  Judges  of  the  Court  of  Quarter  Sessions 
of  the  Peace  in  and  for  the  County  of . 

The  petition  of  divers  inhabitants  of  the  township  of in 

the  said  county,  respectfully  showeth,  that  your  petitioners  labour 
under  great  inconveniences  for  want  of  a  road  or  highway,  to  lead 

from to .    Your  petitioners,  therefore,  humbly  pray  the 

court  to  appoint  proper  persons  to  view  and  lay  out  the  same, 
according  to  law.     And  they  will  pray,  &c. 

(There  must  be  no  intermediate  points  made  in 'the  road  prayed 
for.) 

^Appointment  of  Viewers. 

County,  ss. 

\^Seal.']     At  a  Court  of  Quarter  Sessions  of  the  Peace  of  the 

County  of ,  held  at in  and  for  the  said  County,  on 

the day,  &c.,  before  A.  B.,  C.  D.  and  E.  F.,  Judges 

of  the  same  court. 

Upon  the  petition  of  divers  inhabitants  of  the  township  of , 

in  the  said  county,  setting  forth  that  they  labour  under  great  in- 


PETITIONS.  245 

conveniences  for  want  of  a  road  or  highway,  to  lead  from  -~ —  to 
and,  therefore,  praying  the  court  to  appoint,  &c.,  [as  in  peti- 
tion to  "  law."]  The  court,  upon  due  consideration  had  of  the 
premises,  do  order  and  appoint  G.  H.,  I.  K.,  L.  M.,  N.  0.,  P.  Q. 
and  R.  S.,  to  view  the  ground  proposed  for  the  said  road,  and  if 
they,  or  any  five  of  them,  view  the  same,  and  any  four  of  the 
actual  viewers  agree  that  there  is  occasion  for  such  a  road,  they 
shall  proceed  to  lay  out  tlfe  same,  as  agreeable  to  the  desire  of  the 
petitioners  as  may  be,  having  respect  to  the  best  ground  for  a  road, 
and  the  shortest  distance,  and  in  such  a  manner  as  to  do  the  least  ^ 
injury  to  private  property,  and  that  they  make  report  of  their  pro-' 
ceedings  to  the  next  Court  of  Quarter  Sessions  to  be  held  for  the 
said  county,  stating  particularly  whether  they  judge  the  same 
necessary  for  a  public  or  private  road,  together  with  a  plot  or 
draft  thereof,  and  the  courses  and  distances,  and  references  to  the 
improvements  through  which  it  may  pass. 

By  the  Court,  J.  B.,  Clerk. 


Return  of  Viewers  in  favour  of  the  Road. 

To  the  Honourable,  the  Judges  within  named. 

We,  the  persons  appointed  by  the  within  order  of  court,  to  view 
and  lay  out  the  road  therein  mentioned,  do  report,  that  in  pursu- 
ance of  the  said  order,  we  have  viewed  and  laid  out,  and  do  re- 
turn for  public  [or  private]  use,  the  following  road,  to  wit: 
Beginning,  &c.,  [here  describe  the  courses  and  distances  in  letters 
{not  figures)  with  references  to  the  improvements  through  which 
it  passes]  a  plot  or  draft  whereof  is  hereunto  annexed.  Witness 
our  hands  the day  of . 

(f3*  At  least  five  of  the  viewers  must  view  the  ground,  and 
any  four  of  the  actual  viewers  may  lay  out  the  road,  and  when- 
ever practicable,  the  viewers  shall  lay  out  the  said  roads  at  an 
elevation  not  exceeding  five  degrees,  except  at  the  crossing  of 
drains  and  streams,  where  by  moderate  filling  and  bridging,  the 
declination  of  the  road  may  be  preserved  within  that  limit. 

Return  of  Viewers  against  the  Road. 

To  the  Honourable,  the  Judges  within  named. 

We,  the  subscribers,  do  report,  that  in  pursuance  of  the  within 
order  of  court,  we  have  viewed  the  place  where  the  road  within 
mentioned  is  requested,  and  are  of  opinion  that  there  is  no  occa- 
sion to  lay  out  the  same.     Witness  our  hands,  the  day 

of . 


246  PETITIONS. 


Order  of  Confirmation. 

At  a  Court  of  Quarter  Sessions  of  the  Peace,  &c.,  G,  H.,  I.  K., 
L.  M.,  N.  0.,  P.  Q.,  and  R.  S.,  the  persons  appointed  by  an  order 

of  this  court  of sessions  last  past,  to  view  and  lay  out  a  road 

from to ,  do  report,  that  in  pursuance  of  the  said  order, 

they  have  viewed  and  laid  out,  and  do'return  for  public  use,  the 
following  road,  to  wit :  Beginning,  &c.,  a  plot  or  draft,  whereof 
.is  to  the  said  report  annexed,  which  report  being  read  the  first 

time  at sessions  last,  and  the  second  time  on  the  day 

of instant,  the  court  approve  of  and  confirm  the  said  road 

for  public  use,  and  order  and  direct  that  it  be  entered  of  record, 

and  opened  and  cleared  of  the  breadth  of feet,  agreeably  to 

the  courses  and  distances  aforesaid,  of  which  the  supervisors  of 
the  highways  of  the  townships  through  which  the  said  road  runs, 
are  to  take  notice.  The  breadth  of  any  such  road  shall  not  in  any 
case  exceed  fifty  feet;  the  breadth  of  roads  from  the  habita- 
tions of  individuals,  to  the  public  highway,  or  other  place  of  pub- 
lic resort,  shall  not  exceed  twenty-five  feet,  and  the  same  shall  be 
opened  and  kept  in  repair  at  the  expense  of  the  persons  for  whom 
it  was  laid  out,  and  of  such  as  have  occasion  to  use  it. 


Petition  for  a  Review. 

To  the  Honourable,  the  Judges  of  the  Court  of  Quarter  Sessions 
of  the  Peace  in  and  for  the  County  of . 

The  petition  of  divers  inhabitants  of  the  township  of,  &c.: 
Respectfully  showeth,  that  a  road  hath  been  lately  laid  out  by 

order  of  court  from  to ,  which  road,  (if  confirmed  by 

the  court,)  will  be  very  injurious  to  your  petitioners,  and  burthen- 
some  to  the  inhabitants  of  the  township  through  which  the  same 
will  pass. 

Your  petitioners,  therefore,  pray  your  honours  to  appoint  pro- 
per persons  to  review  the  said  road,  and  parti  adjacent,  and 
make  report  to  the  court  according  to  law.  And  they  will  ever 
pray,  &c. 

Appointment  of  Reviewers. 
At  a  Court  of  Quarter  Sessions  of  the  Peace,  &c. 

Upon  the  petition  of,  &c.,  [as  in  petition]  setting  forth,  &c.,  and 
therefore  praying,  &c.  The  court,  upon  due  consideration,  do  order 
and  appoint  A.  B.,  &c.,  [six  discreet  and  reputable  freeholders  of 
the  neighbourhood  of  the  road  prayed  for,]  to  review  the  said 
road  and  parts  adjacent,  and  if  any  five  of  them  review  the  same, 


PETITIONS.  247 

and  amy  four  of  the  actual  reviewers  agree  that  there  is  occasion 
for  such  a  road,  &c.,  [as  in  the  order,  ante.'\ 


Report  of  Reviewers  in  favour  of  the  Road. 
To  the  Honourable,  &c. 

We,  the  persons  appointed  to  review  the  road  within  men- 
tioned, and  parts  adjacent,  do  report,  that  in  pursuance  of  the  said 
order,  we  did  review  the  same,  and  have  laid  out  for  public  use 
the  following  road,  to  wit:  Beginning,  &c.  Witness  our  hands, 
the day  of . 


Against  the  Road. 
To  the  Honourable,  &c. 

We,  the  persons  appointed  to  review  the  road  within  mentioned, 
and  parts  adjacent,  do  report,  that  in  pursuance  of  the  said  order, 
we  did  review  the  same,  and  in  our  opinion  there  is  no  occasion 
for  such  a  road.     Witness  our  hands,  the day  of . 


Petition  to  vacate  a  Road. 
To  the  Honourable,  &c. 

The  petition  of,&c.,  respectfully  showeth,  that  a  road  has  been 
long  since  laid  out  from,  &c.,  which  road  [or  part  of  which  road, 
beginning,  &c.,]  your  petitioners  humbly  conceive  is  now  become 
useless,  inconvenient  and  burthensome  to  the  inhabitants  there- 
abouts. Your  petitioners,  therefore,  humbly  pray  your  honours, 
that  the  said  road  may  be  vacated,  agreeably  to  the  act  of  the 
General  Assembly  in  such  case  made  and  provided.  And  they 
will  pray,  &c. 

{j3^  The  petition  must  set  forth,  in  a  clear  and  intelligible  man- 
ner, the  length,  breadth,  situation  and  other  circumstances  of  the 
road  (or  of  the  parts  of  the  road)  to  be  vacated. 


Appointment  of  Viewers. 

At  a  court,  &c.,  upon  the  petition,  &c.,  stating,  &c.,  and  there- 
fore praying,  &c.,  which  petition  being  openly  and  audibly  read 
in  open  sessions,  the  court  do  order  and  appoint  A.  B.,  &c.,  to  view 
the  road  in  the  said  petition  prayed  to  be  vacated,  and  to  consider 
and  judge  whether  it  is  become  useless,  inconvenient  and  bur- 
thensome, and  if  they,  or  any  five  of  them,  view  the  said  road, 
and  any  four  of  the  actual  viewers  agree  that  the  same  is  become 


*' 


248  PETITIONS. 

useless,  inconvenient  and  burthensome,  as  aforesaid,  then  toinake 
report  accordingly  to  the  next  court. 


Report  of  Viewers  in  favour  of  Vacation. 
To  the  Honourable,  &c. 

We,  the  subscribers,  appointed  by  the  within  order  of  court  to 
view  the  road  therein  mentioned,  do  report,  that  in  pursuance  of 
the  said  order,  we  have  viewed  the  said  road,  and  that  the  same 
is,  in  our  opinion,  useless,  inconvenient  and  burthensome.  Wit- 
ness, &c. 

Report  of  Viewers  against  the  Vacation. 
To  the  Honourable,  &c. 

We,  the  subscribers,  appointed  by  the  within  order  of  court  to 
view  the  road  therein  mentioned,  do  report,  that  in  pursuance  of 
the  said  order,  we  have  viewed  the  said  road,  and  that,  in  our 
opinion,  there  is  no  cause  for  vacating  the  same.     Witness,  &c. 

Confirmation  by  the  Court. 

A.  B.,  &c.,  [five  of]  the  persons  appointed  by  the  order  of  this 

Court  of  Sessions,  A.  D.,  &c.,  to  view  a  road  leading  from 

to ,  and  to  consider  and  judge  whether  the  same  is  be- 
come useless,  inconvenient  and  burthensome,  do  report,  that  they 
have  viewed  the  said  road,  and  are  of  opinion  that  it  is  become 
useless,  inconvenient  and  burthensome  to  the  inhabitants  there- 
abouts, which  report  being  openly  and  audibly  read,  the  court  do 
approve  of  and  confirm  the  said  report,  and  order  that  the  said 
road  be  vacated. 


Petition  to  value  Lands,  in  case  of  a  Public  Road. 
To  the  Honourable,  &c. 

The  petition  of,  &c.,  respectfully  showeth,that  a  public  road  or 
highway  was  lately  laid  out,  and  opened,  by  order  of  this  court 

from to ,  which  road  is  laid  out  and  opened  through 

the  land  of  your  petitioners.  Your  petitioners,  therefore,  humbly 
pray  your  honours  to  appoint  proper  persons  to  view  and  adjudge 
the  value  of  so  much  of  their  lands  respectively  as  is  or  may  be 
taken  up  for  the  use  of  the  said  road ;  And  they  will  pray,  &c. 


PETITIONS.  249 

Petition  to  value  Lands  in  case  of  a  Private  Road. 

To  the  Honourable,  &c. 

The  petition  of,  &c.,  respectfully  showeth,  that  a  private  road 
has  been  lately  laid  out  and  opened,  by  order  of  this  court,  on  the 
petition  of  A.  B.,  &c.,  extending  over  the  lands  of  your  petitioners. 
Your  petitioners,  therefore,  humbly  pray  your  honours  to  appoint 
proper  persons  to  value  their  lands,  so  as  aforesaid,  taken  up  for 
the  use  of  the  said  road,  and  to  settle  and  ascertain  the  propor- 
tions to  be  paid  to  them  by  the  several  persons  for  whose  use  the 
same  is  laid  out.     And  they  will  pray,  &c. 

Q^  No  application  for  compensation,  in  case  of  a  public  road, 
can  be  received  after  one  year. 

^Appointment  of  Viewers. 

At  a  court,  &c.,  upon  the  petition,  &c.,  stating,  &c.,  and  there- 
fore praying,  &c.  The  court,  upon  due  consideration,  do  order  and 
appoint  A.  B.,  &c.,  [six  disinterested  men,]  to  view  and  adjudge 
the  amount  of  the  damage,  (if  any,)  sustained  by  the  petitioners, 
by  reason  of  the  said  road ;  who  and  every  of  whom,  before  they 
proceed  to  assess  the  damages,  shall  take  the  oath  or  affirmation 
prescribed  by  the  Act  of  Assembly :  And  the  court  do  further 
order  that  the  said  petitioners  give  notice  of  the  time  of  holding 

such  view,  to  one  or  more  of  the  commissioners  of county, 

and  that  the  viewers  aforesaid  do  make  report  of  their  proceed- 
ings herein  to  the  next  court  according  to  law. 

Oath  of  Viewers. 

"You  and  every  of  you  do  swear  [or  '  solemnly  and  sincerely 
and  truly  declare  and  affirm,']  that  you  will  justly  and  truly 
value  the  damages  (if  any)  which  the  petitioners  in  this  order 
mentioned  have  sustained  by  reason  of  the  road  which  has  been 
laid  out  through  their  lands,  and  that  you  will  also  consider  the 
advantage  as  well  as  the  disadvantage  of  the  said  road.  So  help 
you  God." 

This  oath  or  affirmation  is  to  be  taken  before  some  magistrate 
of  the  county,  or  may  be  administered  by  one  of  the  viewers. 

Report  of  Viewers. 

To  the  Honourable,  &c. 

'We,  the  subscribers,  appointed  by  the  within  order  of  court,  to 
view  and  adjudge  the  value  of  so  much  of  the  lands  of  A.  B.,  as 


m. 


250  PETITIONS. 

are  taken  up  by  the  road  therein  mentioned,  and  do  value  and 
adjudge  the  loss  thereby  occasioned  to  the  within-named  A.  B.,  at 

the  sum  of ,  and  the  loss  thereby  occasioned  to  C.  D.,  at  the 

sum  of ,  respectively.     Witness,  &c. 


Another. 

We,  the  subscribers,  within  appointed  to  view  and  assess  the 
damages  sustained  by  the  petitioner,  A.  B.,  by  reason  of  the  pre- 
mises in  the  within  order  mentioned,  do  report,  that  having  been 
previously  sworn  and  affirmed  according  to  law,  we  did  view  the 
lot  through  which  the  within-mentioned  road  passes,  and  that 
upon  due  consideration,  as  well  of  the  advantages  as  disadvan- 
tages arising  to  the  petitioner,  we  are  of  opinion  that  he  has  re- 
ceived damage  to  the  amount  of ,  and  we  do  accordingly 

assess  the  same.     Witness,  &c. 

Confirmation,  as  before,  making  the  necessary  alterations — 
concluding,  "  which  report  being  read,  the  court,  on  due  consider- 
ation, do  approve  of  and  confirm  the  same,  and  direct  that  the 

said  sum  of shall  be  paid  to  the  petitioner,  by  the  treasurer 

of  the  county  of ,  out  of  the  county  stock." 

(jl^y  In  case  of  a  private  road,  the  damage  must  be  paid  by 
the  person  at  whose  request  it  was  laid  out. 


Petition  for  a  Gate. 
To  the  Honourable,  &c. 

The  petition  of,  &c.,  respectfully  showeth,  that  your  petitioners 
labour  under  great  inconveniences  for  want  of  the  privilege  of 
hanging  a  swinging  gate  or  gates  on  a  private  road,  leading  from, 
&c.  They,  therefore,  humbly  pray  the  court  to  Etppoint  proper 
persons  to  view  and  judge  of  the  utility  of  granting  them  the  pri- 
vilege aforesaid.     And  they  will  pray,  &c. 

^Appointment  of  Viewers. 

(As  before.)  The  court,  upon  due  consideration  had  of  the 
premises,  do  order  and  appoint  A.  B.,  &c.,  to  view  the  said  road, 
and  inquire  and  judge  whether  such  gate  or  gates  may,  without 
much  inconveniency  to  the  persons  for  whose  use  the  said  road 
was  granted,  be  hung  on  the  same,  and  do  direct  that  they  or 
any  four  of  them,  do  make  report  accordingly  to  the  next  court 
of  Quarter  Sessions. 


'^   '  m 


# 


I 

PETITIONS.  ^   ,  251 

Report  of  Viewers. 
To  the  Honourable,  &c. 

We,  the  persons  appointed  by  the  within  order  to  view  and 
judge  of  the  propriety  of  hanging  a  gate  or  gates  oft  the  road 
therein  mentioned,  do  report,  that  we  have  viewed  the  premises, 
and  are  of  opinion  that  a  gate  may  be  hung  upon  the  said  road, 
at,  &c.,  and  another  gate  at,  &c.,  according  to  the  prayer  of  the 
petitioners,  without  inconveniency  to  the  persons  using  the  said 
road.     Witness,  &c. 


Confirmation  by  the  Court. 

[As  before,  making  the  necessary  alterations,  and  conclude 
thus : — "  Which  report  being  read,  the  court,  on  due  consideration, 
do  approve  of,  and  confirm  the  same,  and  do  order  that  the  said 
gates  may  be  hung  on  the  said  road  accordingly,  and  that  the 
same  shall  be  made  and  kept  in  repair,  by  the  owner  of  the  said 
land,  and  made  easy  for  the  passage  of  persons  using  the  said 
road." 


Petition  for  a  Bridge. 

To  the  Honourable,  &c. 

The  petition  of,  &c.,  respectfully  showeth,  that  a  bridge  is  much 

wanted  over creek,  at  the  place  where  the  public  highway 

to ,  crosses  the  said  creek,  in  the  township  aforesaid,  the  ford 

there  being  frequently  rendered  impassable  by  reason  of  ice  and 
high  waters ;  and  that  the  expense  thereof  would  be  too  heavy 
and  burthensome  upon  the  inhabitants  of  said  township.  Your 
petitioners,  therefore,  pray  your  honours  to  take  such  order  in  the 
premises,  as  in  your  wisdom  shall  seem  meet  and  consistent  with 
the  Act  of  the  General  Assembly  in  such  case  made  and  pro- 
vided.   And  they  will  pray,  &c. 

(jl3*  The  court  may  take  it  up,  either  on  the  representation  of 
the  supervisors,  or  on  petition  as  above. 


Jippointment  of  Viewers. 

Upon  the  petition  of,  &c.,  setting  forth,  &c.,  and  therefore  pray- 
ing the  court,  &c.  The  court,  upon  due  consideration  had  of  the 
premises,  do  order  and  appoint  A.  B.,  &c.,  to  view  the  place  pro- 
posed for  the  said  bridge,  and  if  they,  or  any  five  of  them,  view 
the  same,  and  any  four  of  the  actual  viewers  agree  that  there  is 


i 


m 


252  PETITIONS.- 

occasion  for  such  a  bridge,  and  that  the  erecting  of  such  a  bridge 
would  require  more  expense  than  it  would  be  reasonable  the  said 
township  should  bear,  they  are  to  make  report  thereof  to  the  next 
Court  of  Quarter  Sessions  to  be  held  for  the  said  county. 


Report  of  Viewers. 

We,  the  persons  appointed  by  the  court  to  view  the  place  pro- 
posed for  the  bridge  in  the  within  order  mentioned,  do  report,  that 

in  our  opinion,  a  bridge  over  creek,  at  the  place  where  the 

public  highway  to  crosses,  the  said  creek  is  indispensably 

necessary,  and  that  the  expense  of  erecting  such  a  bridge  would 

be  attended  with  more  cost  than  the  said  township  of could 

bear,  [or,  that "  in  our  opinion,  there  is  no  occasion  for  the  same."] 
Witness,  &c.  „ 


Petition  of  Commissioners. 
To  the  Honourable,  &c. 

The  petition  of  A.  B.,  C.  D.,  and  E.  F.,  commissioners  of  the 

county  of :  Respectfully  showeth,  that  it  appearing  to  your 

honourable  court,  to  the  grand  jury  of  the  said  county,  and  to 

your  petitioners,  that  a  bridge  over creek,  at  the  place  where 

the  public  highway  to crosses  the  said  creek,  in  the  town- 
ship of ,  in  the  said  county,  was  necessary,  and  that  it  would 

be  too  expensive  for  the  said  township  to  erect ;  the  same  was 
entered  of  record,  and  your  petitioners  did  procure  an  estimate  as 
nearly  as  might  be  of  the  money  which  would  be  necessary  to 

erect  such  bridge,  amounting  to  the  sum  of ,  which  sum  they 

have  provided  out  of  the  county  taxes,  and  did  proceed  to  have 
such  bridge  erected,  by  entering  into  a  contract  with  G.  H.,  of, 
&c.,  for  the  building  of  the  same — that  the  said  bridge  is  now 
completed,  and  the  said  G.  H.  hath,  in  every  respect,  fulfilled  the 
contract  so  as  aforesaid  made.  Your  petitioners,  therefore,  pray 
the  court  to  appoint  fit  persons  to  inspect  the  said  bridge  and  the 
workmanship  thereof,  and  make  report  accordingly  to  the  next 
court. 


Order. 

Upon  the  petition  of,  &c.,  stating,  &c.,  and  therefore  praying 
the  court,  &c.  The  court  do  appoint  A.  B.,  &c.,  [six  fit  persons,] 
to  inspect  said  bridge  and  the  workmanship  thereof,  and  make 
report  accordingly  to  the  next  court. 


^ 


PETITIONS.  553 


Report  of  Viewers. 

We,  the  persons  appointed  by  the  court  to  inspect  a  certain 
bridge  in  the  within  order  mentioned,  do  report,  that  we  have 
viewed  and  carefully  examined  the  same,  and  are  unanimously 
of  opinion  that  it  is  completed  in  a  substantial  and  workmanlike 
manner,  and  according  to  contract,  and  in  a  style  much  to  the 
credit  of  the  undertaker.    Witness,  &c. 

Confirmation  by  Court. 

#  A.  B.,  &c.,  the  persons  appointed  by  an  order  of  last  sessions, 
to  view  the  bridge  lately  erected,  &c.,  do  report,  that,  &c.,  [as  in 
report]  which  report  being  read  and  considered,  is  approved  of 
and  confirmed  by  the  court. 

Peiitiofi  where  Deed  is  lost,  or  has  become  defaced. 
To  the  Honourable,  &c. 

The  petition  of  J.  A.,  of,  &c.     Humbly  showeth : 

That,  &c.,  [setting  forth  the  case  and  the  circumstances  of  it,] 
whereby  your  petitioner's  title  to  the  premises  hath  become  defec- 
tive and  imperfect ;  and  your  petitioner  being  desirous  to  have  the 
said  losses,  defects  and  imperfections  in  the  said  title  supplied,  there- 
fore humbly  prays  your  honours  will  be  pleased  to  issue  a  sub- 
poBna  for  such  person  or  persons  as  may  appear  to  be  interested 
in  the  matters  above  set  forth,  requiring  them  to  appear  before 
your  honours,  to  make  their  answer  upon  oath  or  affirmation  to 
the  fa|^  above  alleged :  And  as  some  of  the  parties  and  their 
witnesses  are  very  ancient  and  infirm,  and  cannot  attend  your 
honours,  your  petitioner,  therefore,  prays  your  honours  will  be 
pleased  to  authorize  and  appoint  some  person  or  persons  to  take 
their  depositions  respecting  the  facts  above  alleged,  and  make 
such  order  and  decree  in  the  premises  as  to  justice  and  equity 
shall  appertain,  &c. 

Affidavit: — J.  A.,  the  petitioner,  on  his  solemn  oath  doth  de- 
clare and  say,  that  the  material  facts  set  forth  in  the  above  peti- 
tion are  true,  to  the  best  of  his  knowledge  and  belief. 

Sworn  in  open  court,  &c. 

Petition  for  Guardian  for  Minor  under  the  age  of  fourteen 
'"  "t  years. 

To  the  Honourable,  the  Judges  of  the  Orphans'  Court  of  the 
County  of  Erie. 

The  petition  of  James  Jones,  a  minor  child  of  John  Jones,  de- 
ceased, late  of  the  county  of  Erie,  by  his  mother  Mary  Jones, 
w 


254  PETITIONS. 

respectfully  represents :  That  the  petitioner  is  under  the  age  of 
fourteen  years,  and  has  no  person  legally  authorized  to  take  charge 
of  his  person  and  estate.  He,"  therefore,  prays  the  court  to  ap- 
point some  suitable  person  his  guardian  for  that  purpose.  And 
he  will,  &c.  MARY  JONES  for 

JAMES  JONES. 


Petition  for  Guardian  by  Minor  over  the  age  of  fourteen 

years. 

To  the  Honourable  Judges  of  the  Orphans'  Court  of  the  Counto 
of  Allegheny. 

The  petition  of  James  Jones  respectfully  represents :  That  the 
petitioner  is  a  minor  child  above  the  age  of  fourteen  years,  of 
John  Jones,  deceased,  late  of  the  county  of  Allegheny ;  that  he 
has  no  person  legally  authorized  to  take  care  of  his  person  and 
estate,  and  he  prays  the  court,  that  he  may  be  permitted  to  make 
choice  of  a  suitable  guardian  for  that  purpose.     And  he  will,  &c, 

JAMES  JONES. 


Petition  for  Sale  of  Land  by  ^Administratrix. 

To  the  Honourable,  the  Judges  of  the  Orphans'  Court  of  the 
County  of  Erie. 

The  petition  of  A.  B.  and  C,  his  wife,  late  C.  F.,  widow  and 
administratrix  of  all  and  singular  the  goods  and  chattels,  lands 
and  tenements  which  were  of  D.  F.,  late  of  the  township  oA^mity 
in  said  county,  yeoman,  deceased,  at  the  time  of  his  deatn,  who 
died  intestate,  humbly  showeth  :  That  the  said  intestate  left  issue 
four  children,  to  wit :  A.,  (now  the  wife  of  G.  H.,)  B.,  C.  and  D., 
the  last  two  named  of  whom  are  yet  in  their  minority.  That  the 
personal  estate  of  said  intestate  is  insufficient  for  the  payment  of 
his  debts,  as  by  the  account  herewith  produced,  appears :  And 
that  the  said  intestate  died  seised  in  his  demesne  as  of  fee,  of,  and 
in  a  certain  messuage,  &c.  [Here  describe  the  premises,]  situated 
in  the  township  of  Amity  and  county  aforesaid.  Your  petition- 
ers, therefore,  pray  your  honours,  to  grant  them  an  order  to  make 
sale  of  the  said  messuage,  &c.,  with  the  appurtenances,  for  the 
payment  of  the  debts,  and  the  maintenance  and  education  of  the 
minor  children  of  the  said  intestate.  A.  B. 

C.  B. 

(j3**  A  petition  for  the  sale  of  lands  by  an  administrator,  must 
be  accompanied  by  the  following  statements,  or  such  as  the  case 
may  be. 


$50 

00 

15» 

00 

20 

00 

30 

00 

10 

00 

25 

00 

PETITIONS.  255 

1.  A  true  and  perfect  inventory  and  conscionable  appraisement 
of  all  the  personal  estate  whatsoever  of  the  decedent. 

1  horse      -  -  - 
15  sheep     ------ 

2  cows        -  -  -  -  - 

1  wagon     ------ 

1  clock       ------ 

1  promissory  note  against  R.  S.      -  -  - 

Total  150  00 

2.  A  full  and  correct  statement  of  all  the  real  estate  of  the  de- 
cedent, wherever  situated. 

A  certain  messuage  and  piece  of  land  situate  in  Amity  town- 
ship, Erie  County,  containing  one  hundred  acres. 
One  other  certain  piece  of  land  situate,  &c. 

3.  A  just  and  true  account  upon  oath  or  affirmation  of  all  the 
debts  of  the  decedent,  which  have  come  to  the  knowledge  of  your 
petitioners. 

One  note  payable  to  S.  P.  &  Co.  -  -  -  ^95  =00 

One    «        «        "  John  Jones  -  -  -  31  00 

An  account           «  J.  M.  -  -  -  43  00 

do         do     «        «   S.  P.  &.  Co.  -  -  67  00 

do        do    "        "  N.  T.  -  -  -  21  50 


Total         ^257  50 
A.  B. 
C.  B. 


Affidavit. 

Erie  County,  ss. 

A.  B.  and  C.  B.,  the  above-named  petitioners,  being  duly  sworn 
[or  affirmed,  as  the  case  may  be],  according  to  law,  doth  depose 
and  say  that  the  facts  set  forth  in  the  foregoing  petition  are  just 
and  true,  and  that  the  inventory  and  appraisement  of  the  personal 
estate  of  the  said  decedent,  and  the  statement  of  said  decedent's 
real  estate,  and  the  account  of  his  debts  which  have  come  to  the 
knowledge  of  said  petitioners,  which  are  thereunto  annexed,  are 
just  and  true,  to  the  best  of  their  knowledge  and  belief. 

A.  B. 
C.  B. 
Sworn  and  subscribed  before  me  this  > 

day  of ,  A.  D.  1844.        3 

Thomas  Brown,  J.  P. 


ijmu- 


#*•■ 


256  PETITIONS. 


Petition  of  same  for  further  Time. 

To  the  Honourable,  the  Judges  of  the  Orphans'  Court  of  the 
County  of  Erie. 

The  petition  of  A.  B.  and  C,  his  wife,  late  C.  F.,  widow  and 
administratrix  of  all  and  singular  the  goods,  &c.,  which  were  of 
D.  F.,  late  of  the  township  of  Amity,  in  the  said  county,  yeoman, 
deceased,at  the  time  of  his  death,  who  died  intestate,  humbly  show- 
eth :  That,  in  pursuance  of  an  order  of  the  said  court,  made  the  first 
day  of  January,  last  past,  for  the  sale  of  a  certain  messuage,  &c., 
[as  in  the  order],  late  the  estate  of  the  said  intestate,  your  peti- 
tioners did,  on  Monday,  the  twentieth  day  of  January,  instant, 
expose  the  premises  aforesaid  for  sale,  by  public  vendue  or  out- 
cry, but  no  person  offering  a  sufficient  price,  the  same  remains  still 
unsold.  Your  petitioners,  therefore,  pray  your  honours  to  grant 
*  them  such  further  time,  for  sale  of  the  premises  aforesaid,  as  to 
your  honours  may  seem  meet.    And  they  will  pray,  &c. 

A.  B. 

C.  B. 


Return  upon  Order  of  Sale. 

To  the  Honourable  Judges  of  the  Orphans'  Court  of  the  County 
of  Erie. 

A.  B.  and  C,  his  wife,  late  C.  F.,  widow,  and  administratrix 
of  all  and  singular  the  goods  and  chattels,  lands  and  tenements, 
which  were  of  D.  F.,  late  of  the  township  of  Amity,  in  said 
county,  deceased,  reports :  That  pursuant  to  the  within  order  of 
court,  they  did,  at  the  time  and  place  therein  mentioned,  having 
given  due  public  and  timely  notice  thereof,  in  one  newspaper  pub- 
lished in  said  county,  and  also  by  handbills  affixed  in  three  or 
more  of  the  most  public  places  in  the  vicinity  of  said  estate, 
tjwenty  days  or  more  before  the  day  appointed  therefor,  expose 
the  premises  therein  described,  to  sale  by  public  vendue  or  out- 
cry, and  sold  the  same  to  G.  H.,  of  the  county  of  Eh:ie,  for  the 
sum  of  two  hundred  and  fifty  dollars,  he  being  the  highest  and 
best  bidder,  and  that  the  highest  price  bidden  for  the  same.  And 
they  respectfully  pray  that  the  sale  so  made  may  be  confirmed  by 
the  court.  A.  B. 

C.  B. 


Jlffidavit. 

Erie  County,  ss. 

A.  B.  and  C.  B.,  the  persons  named  in  the  abo^i^e  return  being 
duly  sworn  [or  affirmed]  according  to  law,  do  depose  and  say. 


PETITIONS.  257 

that  the  facts  set  forth  in  the  above  returu  are  just  and  true,  to  the 
best  of  their  knowledge  and  beUef.  A.  B. 

C.  B. 
Sworn  and  subscribed  before  me  this  7 

day  of ,  A.D.I  84-.  3 

Thomas  Brown,  J.  P. 

,  N.  B.  Notice  of  sale  of  land  by  administrators  or  guardian,  must 
be  advertised  in  at  least  one  weekly  newspaper  published  in  the 
county,  if  one  be  published  in  the  county ;  if  not,  then  in  an  ad- 
joining county,  at  least  twenty  days  before  the  time  appointed  for 
the  sale ;  and  also  by  handbills  set  up  in  at  least  three  of  the  most 
public  places  in  the  vicinity,  for  the  same  time,  as  required  by 
Act  of  Assembly  of  Pennsylvania. 


Petition  by  Guardian  for  sale  of  Land. 

To  the  Honourable,  the  Judges  of  the  Orphans'  Court  of  the 
County  of  Cumberland. 

The  petition  of  John  Jones  duly  sets  forth,  that  on  the  

day  of ,  A.  D.  1844,  he  was  by  your  honourable  court  duly 

appointed  guardian  of  the  person  and  estate  of  Mary  Burns,  a. 
minor  under  the  age  of  fourteen  years.  That  the  personal  estate 
of  said  minor  is  wholly  insufficient  for  her  maintenance  and  edu- 
cation, [or, "  that  the  estate  of  said  minor  is  in  such  a  state  of 
dilapidation  and  decay,  qx  so  unproductive  and  expensive  that  it 
will  be  to  the  interest  and  benefit  of  the  said  minor  that  the  said 
estate  be  sold."]  That  your  petitioner  herewith  exhibits  attached 
to  this  his  prayer,  a  true  and  perfect  inventory  and  conscionable 
appraisement  of  all  the  personal  estate  of  the  said  minor,  together 
with  a  full  and  correct  statement  and  description  of  all  the  real 
estate  of  said  minor,  wheresoever  situated,  which  has  come  to  the 
knowledge  of  your  petitioner.  JOHN  JONES, 

Guardian  of  Mary  Burns.  . 

N.  B.  To  this  petition  must  be  attached  an  inventory,  and 
appraisement  of  all  the  personal  estate,  and  a  full  and  correct 
statement  of  all  the  real  estate  of  the  minor,  with  an  affidavit  of 
the  truth  of  all  the  facts  set  forth,  for  forms  of  which,  see  proceed- 
ings under  title  of  "  Petition  for  sale  of  land  by  administra- 
trix;^' making  the  necessary  alterations.  Advertisement  of  sale, 
report  of  sale  and  affidavit  are  the  same  as  required  of  adpninis- 
trators. 


w' 


258  PETITIONS. 


Petition  where  Master  compels  Jlpprentice  to  work  at  another 
business,  beats  him,  <§'C. 

To  the  Honourable,  &c. 

The  petition  of  A.  B.,  a  minor,  respectfully  showeth :  That 

your  petitioner  on  the day  of ,  at ,  with  the  assent 

of  his  father,  bound  himself  by  indenture,  an  apprentice  to  C.  D,, 

of  the of ,  in  and  for  the  purpose  of  learning  the  art, 

trade,  and  mystery  of  a .     That  your  petitioner  has  always 

conducted  and  demeaned  himself  as  a  good  and  faithful  appren- 
tice ought  to  do :  that  the  said  C.  D.  covenanted  in  the  said  inden- 
ture, to  use  the  utmost  of  his  endeavours  to  teach  or  cause  to  be 
taught  and  instructed,  the  said  A.  B.,  in  the  said  art,  trade,  or 

mystery  of  a ,  during  the  term  of years, months 

and days,  from  the  said day  of .   Nevertheless,  the 

said  C.  D.,  not  regarding  his  said  covenant,  has  not  used  his  best 
endeavours  to  teach  or  cause  to  be  taught  or  instructed,  the  said 
apprentice  in  the  said  art,  trade  or  mystery,  but  has  compelled  him 

to  labour  in  other  business,  to  wit,  in  the  business  of  a ,  and 

has  cruelly  and  without  any  sufficient  cause,  beaten,  wounded, 
and  otherwise  ill  treated  your  petitioner  in  such  a  manner  as  to 
make  his  life  miserable.  Your  petitioner,  therefore,  humbly  prays 
your  honours  to  discharge  him  from  his  said  indenture,  &c. 

Petition  where  Jlpprentice  has  been  disobedient,  idle,  fyc. 
To  the  Honourable ,  &c. 

The  petition  of  the  subscriber,  A.  B.,  humbly  showeth :  That 

at ,  on  the day  of ,  C.  D.,  a  minor,  with  the  assent 

of  his  father,  E.  F.,  was  bound  by  indenture  to  petitioner  for  the 

term  of years months  and days,  to  learn  the  art, 

trade  and  mystery  of .     That  your  petitioner  has  complied 

in  all  things  with  the  covenants  covenanted  to  be  kept  and  per- 
formed in  said  indenture  on  his  part.    But  that  Xhe  said  C.  D.  has 

on  several  occasions,  viz.,  on  the day  of ,  and  on  various 

other  days  and  times  during  his  apprenticeship,  without  the  leave 
of  petitioner,  absconded  and  absented  himself  from  the  habita- 
tion and  business  of  petitioner,  and  has,  by  disobedience,  idleness 
and  other  misbehaviour,  altogether  failed  and  neglected  to  dis- 
charge his  duty  as  an  apprentice  to  petitioner  according  to  his 
covenants.  Your  petitioner,  therefore,  prays  your  honourable 
court  to  impose  such  punishment  on  his  said  apprentice  as  your 
honours  in  your  discretion  shall  think  his  offence  deserves,  &c. 


A 


PETITIONS.  259 

Petition  where  Jipprentice  has  committed  larceny,  fyc. 
To  the  Honourable ,  &c. 

The  petition  of  A.  B.,  of  the  county  of ,  humbly  showeth  : 

That  on  the day  of ,  C.  D.  was,  &c.,  bound  to  your  peti- 
tioner to  serve  for  the  term  of years  to  learn  the  art,  trade 

and  mystery  of  a ,  as  by  his  indenture  will  appear :  that  the 

said  C.  D  ,  hath  lately  and  frequently  been  guilty  of  wasting  your 
petitioner's  effects,  as  also  hath  committed  several  acts  of  larceny, 
of  which  he  now  stands  indicted  before  this  court.  Your  peti- 
tioner, therefore,  prays  the  court,  that  he  may  have  a  hearing  re- 
specting the  conduct  of  the  said  apprentice,  and  that  the  court 
will  give  him  relief  against  the  indenture  before  mentioned  agree- 
ably to  the  Act  of  Assembly  in  such  case  made,  &c. 

Petition  for  Inquest  to  make  Partition. 

To  the  Honourable,  the  Judges  of  the  Orphans'  Court  of  the 
County  of  Bucks. 

The  petition  of  John  Jones  respectfully  showeth :  That  William 
Burns,  late  of  the  borough  of  Doylestown,  printer,  died  on  the 
day  of ,  A.  D.  1842,  leaving  him  surviving  three  chil- 
dren, to  wit,  I.,  B,,  &c.  The  said  William  Burns,  some  time  prior  to 

his  decease,  to  wit,  on  the day  of ,  &c.,  made,  published 

and  declared  his  last  will  and  testament,  duly  proven  and  regis- 
tered at ,  wherein  and  whereby  he  gave,  devised  and  be- 
queathed, after  the  payment  of  certain  debts  and  specific  legacies, 
(as  will  appear  on  reference  to  the  said  will,  a  true  copy  whereof 
is  hereto  annexed,)  all  the  rest,  residue  and  remainder  of  his  estate, 
real  and  personal,  whatsoever  and  wheresoever,  unto  the  said  I., 
B.,  &c.,  to  hold  to  them,  their  heirs,  executors,  administrators  and 
assigns,  in  equal  parts,  share  and  share  alike.  The  said  William 
Burns  died,  seised  in  his  demesne  as  of  fee,  of  and  in  the  follow- 
ing described  real  estate,  to  wit,  &c.  &c.,  [describing  the  real 
estate  fully  and  accurately.]  Your  petitioner,  therefore,  prays 
that  your  honours  award  an  inquest,  to  make  partition  of  the 
premises  aforesaid,  to  and  among  the  said  parties  interested 
therein,  in  such  manner  and  in  such  proportions,  as  by  the  said 
will  and  the  laws  of  this  commonwealth  is  directed,  if  such  par- 
tition can  be  made  without  prejudice  to,  or  spoiling  the  whole, 
but  if  such  partition  cannot  be  made  thereof,  then  to  value  and 
appraise  the  same,  and  make  return  of  their  proceeding  accord- 
ing to  law.     And  as  in  duty  bound,  &c. 

JOHN  JONES. 

(Add  the  usual  affidavit.) 


* 


260  PETITIONS. 


For  Review  of  Account  under  the  Act  of\Zth  October,  1840. 

To  the   Honourable,  the  Judges  of  the  Orphans'  Court  of  the 
County  of . 

In  the  matter  of  the  estate  of  A.  B.,  deceased. 

The  prayer  of  your  petitioner,  C.  D.,  respectfully  sets  forth  that 

the  said  A.  B.,  of  the  county  of ,  died  intestate,  on  the 

day  of ,  A.  D.  18 — ,  owning  and  possessing  at  the  time  of  his 

decease  personal  property  of  great  value.  Letters  of  adminis- 
tration were  afterwards,  to  wit,  on  the day  of ,  1 8 — , 

issued  in  favour  of  and  granted  to  G.  H.,  in  due  form  of  law,  and 
by  virtue  thereof,  the  said  G.  H.  took  possession  of  the  said  pro- 
perty, and  realized  the  same,  and  expended  certain  sums  of 
money,  as  will  more  fully  and  specifically  appear,  reference  being 
had  to  the  original  (and  supplementary)  account  of  such  adminis- 
trator. Your  petitioner  respectfully  represents  that  there  are 
great  and  material  errors  in  the  said  account  which  ought  to  be 
revised  and  corrected,  and  which  errors  he  sets  forth  and  assigns 

as  follows,  to  wit :  first  ,  &c.,  &c.     [Speci/t/  them  in 

detail.l 

Your  petitioner  is  interested  in  said  account  and  estate  being 

,  and  is  by  such  errors  greatly  injured.     In  consequence  of 

(the  petitioner  should  explain  the  occasioii  of  his  delay  in 

excepting  to  the  account)  and,  therefore,  it  is  that  until  the  pre- 
sent time  your  petitioner  was  not  aware  of  the  existence  of  the 
said  errors,  and  did  not  except  thereto.     The  said  account  {such 

errors  not  having  been  excepted  to)  was  on  the day  of , 

18 — ,  referred  to  X.  Y.  and  Z.,  &c.,  auditors,  to  audit,  settle  and. 
adjust  the  same,  and  report  distribution  of  the  funds  in  hands  of 
the  administrator  aforesaid ;  the  said  auditors,  through  inadver- 
tence, did  not  correct  the  said  errors,  their  attention  not  having 

been  called  to  the  same,  and  filed  their  report  on  the day  of 

,  18 — ,  which  report  was  afterwards,  on  the day  of 

,  18 — ,  to  wit:  within  five  years  last  past,  confirmed  by  de- 
cree of  your  honourable  court,  as  will  more  fully  appear  on  refer- 
ence to  the  records  of  your  said  court:  and  your  petitioner  is  cre- 
dibly informed,  and  verily  believes  that  the  balance  found  due 
from  G.  H.,  the  administrator  as  aforesaid,  has  not  been  actually 
paid  or  discharged  by  said  adftiinistrator,  but  still  remains  in  his 
hands. 

For  all  which  errors  and  imperfections  in  the  said  account  and 
the  said  decree  of  confirmation,  your  petitioner  has  brought  this 
his  bill  or  petition  of  review,  and  humbly  conceives  that  he  should 
be  relieved  therein ;  to  the  end,  therefore,  that  the  petitioner  may 
have  the  privilege  of  a  re-hearing  of  so  much  of  the  said  account 
as  is  hereinbefore  alleged  to  be  in  error,  and  may  have  such  relief 
as  equity  and  justice  may  require,  may  it  please  your  honours  to 


PETITIONS.  261 

grant  to  this  petitioner  a  citation  upon  the  said  G.  H.,  and  all 
other  persons  interested,  commanding  them  upon  a  day  certain  to 
be  therein  specified,  to  appear  before  your  honourable  court,  and 
show  cause,  if  any  they  have,  why  so  much  of  the  said  account 
as  is  hereinafter  alleged  to  be  in  error,  should  not  be  referred  back 
to  the  said  auditors,  to  be  by  them  reviewed,  reversed  and  cor- 
rected. 

And  as  in  duty  bound,  &c.  ^ 

A.  B.,  being  duly  sworn,  doth  depose  and  say,  that  all  and  sin- 
gular the  statements  contained  in  the  above  petition  and  assign- 
ment of  errors  are  just  and  true,  to  the  best  of  his  knowledge  and 
belief.     Sworn,  &c. 

Petition  for  the  appointment  of  seven  men  to  make  Partition. 

To  the  Honourable,  the  Judges  of  the  Orphans'  Court  of  the 
County  of  Erie. 

The  petition  of  John  Jones  respectfully  showeth,  that  William 
Burns,  late  of  Waterfofd,  tanner,  died  on  the,  &c.,  [proceed  to  set 
forth  the  death,  probate  of  will,  devise,  and  description  of  the 
real  estate,  as  in  the  foregohig  petition,  then  continue  as  follows :] 

No  partition  or  valuation  of  said  premises  has  been  made,  and 
your  petitioner  respectfully  represents,  that  C.  D.,  &c.,  [naming 
"  seven  or  more  disinterested  persons,"]  have  been  chosen,  on  be- 
half, and  with  the  consent  of  all  parties  concerned,  to  make  par- 
tition of  the  real  estate  of  the  said  decedent,  to  wit :  the  premises 
afore-described,  or  in  case  the  same  cannot  be  divided  among  the 
said  parties  without  prejudice  to  or  spoiling  the  whole,  to  make, 
and  as  by  law  required,  to  return,  a  just  appraisement  thereof  to 
your  said  court.  Whereupon  your  petitioner  prays  that  the  said 
C.  D.,  &c.  &c.,  may  be  appointed  for  the  purpose  aforesaid,  and  as 
in  duty  bound,  &c.  JOHN  JONES. 

(The  usual  aifidavit.) 

We,  the  undersigned,  heirs  and  devisees  of  William  Burns,  de- 
ceased, do  consent  and  agree  that  the  Orphans'  Court  for  the 
County  of  Erie,  appoint  C.  D.,  &c.  &.C.,  to  make  partition,  &c.,  [as 
in  the  petition.] 


Petition  for  Citation  to  Widow  to  accept  or  refuse  a  Device  or 

Bequest. 

To  the  Honourable,  &c. 

The  petition  of  J.  M.,  &c.,  respectfully  represents :  That  he  is 
one  of  the  legatees  under  the  will  of  S.  M.,  deceased :  that  by  said 
will,  certain  personal  estate  was  bequeathed  (or  real  estate  devised) 
to  J.  M.,  the  now  widow  and  relict  of  said  decedent;  that  said 


262  PETITIONS. 

decedent  has  been  dead  longer  than  twelve  months,  and  the  said 
J.  M.  has  not  made  her  election  to  take  or  refuse  the  said  bequest, 
which,  if  accepted,  leaves  her  right  of  dower,  as  by  the  act  in  such 
case  made  and  provided  is  directed. 

The  petitioner,  therefore,  prays  the  court  to  award  a  citation, 
directed  to  the  said  J.  M.,  commanding  her  to  be  and  appear  at 

an  Orphans'  Court,  to  be  holden  on  the day  of ,  then 

and  there  to  make  her  election,  either  to  accept  such  [devise]  [or 
bequest]  in  lieu  of  dower,  or  waive  such  devise  or  bequest,  and 
to  take  her  dower,  pursuant  to  the  directions  of  the  Act  of  As- 
sembly in  such  case  made  and  provided.     And  he  will,  &c. 


Petition  for  a  Rule  on  the  heirs  to  come  in  and  accept  or  refuse 
to  take  the  Real  Estate  of  Decedent  at  the  valuatioji. 

To  the  Honourable,  the  Judges  of  the  Orphans'  Court  of  the  County 
of  Erie. 

The  petition  of  John  Jones,  one  of  the  Jaeirs  of  William  Burns, 
deceased,  who  died  intestate,  respectfully  represents :  That  the 

inquest  appointed  by  this  court  on  the day  of ,  to  make 

partition  or  valuation  of  the  real  estate  of  said  decedent,  have  re- 
turned that  the  said  premises  cannot  be  divided,  so  as  to  accom- 
modate all  the  heirs,  but  that  the  same  may  accommodate  one  of 
the  heirs  of  said  decedent,  and  they  have  reported  the  same  ac- 
cordingly :  the  petitioner,  therefore,  prays  the  court  to  grant  a  rule 
upon  the  heirs  and  representatives  of  said  decedent,  requiring 
them  to  be  and  appear  at  the  Orphans'  Court  to  be  holden  the 

day  of next,  then  and  there  to  accept  or  refuse  the  said 

estate  at  the  valuation  thereof,  agreeably  to  the  Acts  of  Assembly 
in  such  case  made  and  provided :  and  in  case  all  the  heirs  and 
representatives  refuse  to  take  same  as  aforesaid,  then  to  show 
cause,  if  any  they  have,  why  the  said  premises  should  not  be  sold, 
according  to  the  Act  of  Assembly  in  such  case  made  and  provided. 
And  he  will,  &c.  JOHN  JONES. 

(Add  the  usual  affidavit.) 


Petition  for  a  citation  to  Exegutors  to  give  security  for  the 
execution  of  their  trust. 

To  the  Honourable,  the  Judges  of  the  Orphans'  Court  of  the  County 
of  Erie. 

The  petition  of  John  Jones,  husband  of  Mary,  daughter  of  Wil- 
liam Burns,  late  of  the  borough  of  Erie,  deceased,  respectfully 
showeth :  That  William  Burns,  late  of  the  borough  of  Erie,  mer- 
chant, died  on  the day  of ,  leaving  him  surviving  three 

children,  to  wit,  Mary,  wife  of  your  petitioner,  Samuel  and  Tho- 


PETITIONS.  263 

mas.    The  said  William  Burns,  some  time  prior  to  his  decease,  to 

wit,  on  the day  of ,  &c.,  made  and  published  his  last 

will  and  testament,  duly  proven  and  registered  at  Erie,  wherein 
and  whereby  he  gave,  devised  and  bequeathed,  after  the  payment 
of  his  debts,  (as  will  appear  on  reference  to  the  said  will,  a  true 
copy  whereof  is  hereto  annexed,)  all  the  rest,  residue  and  remairii^ 
der  of  his  estate,  real  and  personal,  whatsoever  and  wheresoever, 
unto  the  said  Mary,  &c.,  subject  to  the  right  of  dower  of  Anna 
Burns,  widow  of  the  said  William  Burns.  That  the  said  Anna 
was  by  said  last  will  and  testament  appointed  executrix  thereof, 
and  directed  to  sell  and  dispose  of  the  said  real  and  personal  es- 
tate, and  divide  the  proceeds  equally  among  the  children  of  the 
said  decedent  without  delay.  That  the  said  William  Burns  died 
seised  in  his  demesne  as  of  fee,  of  and  in  the  following  described 
real  estate,  to  wit,  &c.,  [describe  the  real  estate.] 

That  although  more  than years  have  elapsed  since  the 

said  Anna  took  upon  herself  to  execute  said  will  and  administer 
upon  the  estate  of  said  decedent,  yet  she  hath  not  distributed  unto 
said  Mary  the  share  she  is  entitled  to  in  said  estate  by  said  will. 
But  on  the  contrary  has  sold  and  disposed  of  a  large  portion  of 
said  real  estate,  for  a  large  sum  of  money,  to  wit,  three  thousand 
dollars  and  upwards,  and  has,  as  this  petitioner  verily  believes, 
appropriated  the  same  to  her  own  use.  That  she,  &c.,  [here  in- 
sert any  other  facts  that  may  be  required  in  the  particular  case.] 
That  she  is  wasting  and  mismanaging  the  property  intrusted  to 
her  by  the  said  last  will  and  testament,  so  as  the  legatees  of  the 
said  will  will  be  left  without  remedy,  unless  prevented  by  order 
of  this  court.  Your  petitioner,  therefore,  prays  your  honourable 
court  to  issue  a  citation  to  the  said  Anna  Burns,  executrix  as 
aforesaid,  requiring  her  to  appear  on  a  da0 certain  before  the 
Orphans'  Court,  to  show  cause,  if  any  she  has,  why  she  shall  not 
be  required  to  give  security,  conditioned  for  the  performance  of 
her  respective  trusts  as  executrix  aforesaid.  And  your  peti- 
tioner will,  &c.  JOHN  JONES. 

(Add  the  usual  affidavit.) 

Petition  for  Habeas  Corpus,  where  Petitioner  is  under  arrest 
on  Civil  Process. 

To  the  Honourable  J.  B.,  Esq.,  Associate  Judge  of  the  Court  of 

Quarter  Sessions  of  the  County  of  Erie. 

The  petition  of  John  Jones  respectfully  showeth :  That  your 
petitioner  is  unjustly  held  and  detained  in  custody  by  Daniel  Mar- 
tin, one  of  the  constables  [or  A.  B.,  keeper  of  the  debtor's  depart- 
ment, &c.,  or  C.  D.,  the  sheriff],  of  Erie  County,  who  refuses  to 
discharge  him  and  set  him  at  liberty,  and  that  your  petitioner  is 
not  detained  or  confined  by  virtue  of  any  commitment  for  any 
criminal  or  supposed  criminal  matter. 


264  PETITIONS. 

Your  petitioner,  therefore,  prays,  that  your  honour  will  direct  to 
be  issued,  a  writ  of  habeas  corpus,  returnable  forthwith,  agreeably 
to  the  Act  of  Assembly  in  such  case  made  and  provided,  against 
the  said  Daniel  Martin  or  such  other  person  in  whose  custody 
your  petitioner  may  be  found,  that  cause  may  be  shown,  if  any 
ISxist,  why  he  should  not  be  discharged  and  set  free.  And  he 
will,&c.  JOHN.  JONES. 

Personally  appeared  the  above-named  John  Jones,  before  me, 

the  subscriber,  one  of  the  of  the of ,  and  made 

solemn  oath,  in  due  form  of  law,  that  the  facts  set  forth  in  the 
above  petition  are  true  to  the  best  of  his  knowledge  and  belief. 

JOHN  JONES. 

Sworn  and  subscribed  before  me  } 

the day  of ,  A.  D.  1844. 3 

Thomas  Brown,  J.  P. 


Petition  for  Habeas  Corpus,  where  the  Petitioner  is  in  the 
Criminal  Department. 

To  the  Honourable,  &c. 

The  petition  of  John  Jones  respectfully  showeth :  That  your 
petitioner  is  confined  unjustly  (as  he  apprehends),  in  the  jail  of  the 
county  aforesaid,  for  some  criminal  or  supposed  criminal  matter, 
as  appears  by  a  copy  of  the  warrant  of  the  commitment  hereto 
annexed.  To  be  relieved  from  which  imprisonment,  your  peti- 
tioner now  applies,  praying  that  a  writ  of  habeas  corpus  may  be 
issued  according  to  the  Act  of  Assembly  in  such  case  made  and 
provided,  so  that  your  petitioner  may  be  brought  before  your 
honour,  to  do,  submit  to  and  receive  what  the  laws  may  require. 

(Add  the  affidavit.)  JOHN  JONES. 

Petition  for  Habeas  Corpus,  luhere  Petitioner  is  deprived  of 
liberty  by  master  or  any  other  person. 

To  the  Honourable,  &c. 

The  petition  of  John  Jones  respectfully  showeth :  That  he  is 
now  restrained  of  his  liberty  by  Daniel  Stone,  illegally  and  wrong- 
fully, for  no  criminal  or  supposed  criminal  matter.  He  therefore 
prays  your  honour  to  grant  a  writ  of  habeas  corpus,  directed  to 
the  said  Daniel  Stone,  commanding  him  to  bring  before  your 
honour,  his  the  petitioner's  body,  to  do  as  and  abide  such  order 
as  your  honour  may  direct.    And  he  will,  &c. 

(Add  the  affidavit.)  JOHN  JONES. 


PETITIONS.  265 

Petition  for  Habeas  Corpus  by  a  Parent  for  a  Child. 
To  the  Honourable,  &c. 

The  petition  of  John  Jones  respectfully  showeth :  That  your  pe- 
titioner's daughter,  Mary  Jones,  aged years,  is  restrained  of 

her  liberty  by  Daniel  Stone,  of  the  township  of ,  that  she  is 

not  detained  for  any  criminal  or  supposed  criminal  matter.  The 
petitioner  therefore  prays  your  honour  to  grant  a  writ  of  habeas 
corpus,  agreeably  to  the  Act  of  Assembly  in  such  case  made  and 
provided,  to  bring  up  the  body  of  the  said  Mary  Jones.  And  he 
will  ever  pray,  &c.  JOHN  JONES. 

(Add  the  affidavit.) 

Petition  for  Habeas  Corpus  ad  testificandum. 
To  the  Honourable,  &c. 

The  petition  of  John  Jones,  of  the  of ,  respectfully 

showeth :  That  your  petitioner  is  the  party  in  a  cause  now  pend- 
ing before  arbitrators  appointed  out  of  your  honourable  court,  [or 
before  your  honourable  court,]  in  a  certain  cause  therein  pending, 
in  which  a  certain  Daniel  Stone  is  the  defendant,  that  the  said 
arbitrators  are  appointed  to  meet  for  the  purpose  of  considering 
the  said  cause,  [or  the  said  cause  will  come  on  for  trial,]  on  the 
day  of ,  A.  D.  1845,  at ,  that  Samuel  Dean,  a  pri- 
soner under  custody  of  Thomas  Brown,  keeper  of  the  prison,  is  a 
material  witness  for  your  petitioner.  The  petitioner  therefore 
prays  the  court  to  award  a  writ  of  habeas  corpus,  directed  to  the 
said  Thomas  Brown,  requiring  him  to  produce  the  body  of  the 
said  Samuel  Dean,  before  the  said  arbitrators,  [or  the  honourable 
court,]  to  testify  on  behalf  of  vour  petitioner.     JOHN  JONES, 

'by  his  atry,  ROBERT  MARTIN. 

John  Jones  [or  Robert  Martin,]  being  duly  sworn,  says,  that 
the  facts  set  forth  in  the  above  petition  are  true  as  he  iDelieves. 

JOHN  JONES,     , 
[or  ROBERT  MARTIN.] 

Petition  to  enter  an  Appeal  from  an  Order  of  removal  of 

Pauper. 
To  the  Honourable,  &c. 

The  petition  of  the  undersigned  overseers  of  the  poor  of  the 

township  of ,  in  the  said  county,  respectfully  showeth  :  That 

they  feel  themselves  aggrieved  by  an  order  made  by  A.  B.  and 
C.  D.,  two  of  the  justices  of  the  peace  for  the  said  county  for  the 
removal  of  M.  H.,  a  poor  person  from  the  township  of to 


# 


266  PETITIONS. 

the  township  of in  said  cdunty,  which  order  of  removal  is 

dated  the day  of ,  A.  D. ,  a  copy  whereof  is  hereto 

annexed.  That  notice  has  been  given  by  your  petitioners  to  the 
overseers  of  the  poor  of  the  said  township  of ,  of  their  inten- 
tion to  appeal  from  said  order  of  removal  to  your  honour,  a  copy 
of  which  notice  is  also  hereto  annexed. 

Your  petitioners,  therefore,  pray  your  honours  to  permit  them 
to  enter  an  appeal  from  the  said  order  of  removal.  And  they 
will  pray,  &c. 


Petition  for  Mandamus. 

To  the  Honourable,  &c. 

The  petition  of  A.  B,,  of ,  humbly  showeth :  That,  &c., 

{here  state  all  the  facts  and  matters  complained  of  as  they  oc- 
curred.) 

Your  petitioner,  therefore,  prays  that  a   mandamus  may  be 

issued  to  the  said ,  commanding  them  to ,  or  to  grant  a 

rule  on  the  said to  show  cause  why  a  mandamus  should  not 

be  issued  for  the  purposes  aforesaid.     And  he  will  pray,  &c. 

Add  affidavit. 

Petition  for  the  appointment  of  persons  to  appraise  Jissigned 

Property. 

To  the  Honourable,  &c. 

The  petition  of  C.  D.,  of  the of ,  in  the  county  of , 

respectfully  represents :  That  on  the  day  of ,  A.  D. 

,  E.  F,,  of ,  and  G.,  his  wife,  executed  a  deed  of  assign- 
ment of  all  their  property,  real,  personal  and  mixed,  to  your  pe- 
titioners in  trust  for  the  benefit  of  the  creditors  of  the  said  E.  F., 
as  in  the  said  deed  is  more  particularly  set  forth. 

Your  petitioner,  therefore,  prays  your  honour  to  appoint  two 
or  more  disinterested  and  competent  persons  to  appraise  the  estate 
and  effects  so  as  aforesaid  assigned  to  him  as  is  required  by  the 
Act  of  Assembly  in  such  case  made  and  provided.  And  he  will 
pray,  &c. 

Petition  for  a  Pedlar's  License. 
To  the  Honourable,  &c. 

The  petition  of  E.  F.,  of ,  respectfully  showeth  :  That  he 

is  a  citizen  of  the  United  States  of  America,  and  by  reason  of 
bodily  infirmity  is  incapable  of  procuring  a  livelihood  by  labour, — 
that  being  desirous  of  traveling  as  a  hawker  and  pedlar  with 
horses  and  wagon  or  other  vehicle,  he  has  this  day  paid  into 


* 


PETITIONS.  267 

the  hands  of jEsq.,  treasurer  of  said  county,  the  sum  of 

dollars. 

He  therefore  prays  your  honours  to  grant  him  a  license  to  travel 

as  a  hawker  and  pedlar  for  one  year,  ,with horses  and  wagon. 

And  he  will  ever  pray,  &c. 


Petition  for  the  appointment  of  Auditors  on  the  accounts  of 

Guardian. 

To  the  Honourable,  &c. 

The  petition  of  J.  F.,  respectfully  represents :  That  S.  J.,  his 
late  guardian,  has  filed  the  account  of  his  guardianship,  which  he 
prays  may  be  referred  to  auditors  appointed  by  the  court  to  audit 
and  adjust  the  same,  and  make  report  thereon.     And  he  will,  &c. 


Petition  where  Trustee  of  a  fund  is  Insolvent,  mismanaging, 

8fc. 

To  the  Honourable,  the  Judges  of  the  Court  of  Common  Pleas  of 
the  County  of . 

The   petition  of  A.  B.  respectfully  showeth :  That  a  certain 

C.  D.,  in  and  by  his  last  will  and  testament,  dated  the day  of 

,  A.  D. ,  and  proved  before  the  Register  of  Wills  of  the 

of ,  on  the day  of ,  A.  D. ,  among  other 

things  made  the  following  bequest:  [insert  bequest,]  (or  as  by  a 

certain  deed  or  indenture  ,  bearing  date  the  day  of 

,  A.  D. ,  between  ,  of  the  first  part, ,  of  the 

second  part,  and of  the  third  part.)     That  since  the  decease 

of  the  said  testator,  [or  since  the  execution  of  the  said  deed]  one 
of  the  said  trustees  died,  and  the  trust  reposed  thereby  became 
exclusively  vested  in  the  said  E.  F.  his  executors,  administrators 
and  assigns.     That  the  said  E.  F.  has  not,  as  your  petitioners  are 

informed  and  verily  believe,  placed  the  said  sum  of dollars 

at  interest,  as  directed  by  said  last  will  and  testament,  (or  inden- 
ture of  trust,)  nor  has  the  interest  of  the  said  sum  of dollars, 

or  any  part  thereof,  been  used  and  applied  for  the  purpose  speci- 
fied in  the  said  last  will  and  testament,  (or  deed  of  trust,)  or  ac- 
counted for  by  the  said  E.  F.,  although  the  said  E.  F.  has  been 
often  requested  so-  to  do.  Your  petitioners,  therefore,  allege  that 
the  said  E.  F.  has  neglected  and  abused  the  uses  and  trusts  re- 
posed in  him  as  aforesaid,  and  that  the  said  trust  has  not  been 
duly  executed  by  the  said  E.  F.  They,  therefore,  pray  the  said 
court  to  grant  them  a  rule  upon  the  said  E.  F.,  to  appear  before 
the  said  court  on  a  day  to  be  named  by  the  said  court,  to  answer 
the  complaint  of  your  petitioners  agreeably  to  the  directions  of 
the  Act  of  the  General  Assembly,  to  account  before  this  court,  or 


268  PETITIONS. 

before  auditors,  as  the  court  shall  direct,  of  and  for  the  execution 
of  the  said  trust,  and  also  to  show  cause  why  he  should  not  be 
removed  from  the  said  trust,  and  another  person  appointed  in  his 
place  and  stead. 


Petition  lohere   Trustee  under  Marriage  Settlement  is  Insol- 
vent, Sj-c. 

To  the  Honourable  the  Judges  of  the  Court  of  Common  Pleas  for 
the  County  of . 

The  petition  of  A.  B.  of  the of  ,  and  C,  his  wife,  re- 
spectfully showeth :  That  by  indenture  tripartite,  bearing  date  the 

day  of ,  in  the  year  of  our  Lord  one  thousand  eight 

hundred  and ,  between  the  said  C,  then  C.  D.,  with  the  ap- 
probation of  her  guardian,  E  F.,  of  the  first  part, your  petitioner, 
A.  B.,  of  the  second  part,  and  G.  H.,  of  the  third  part,  in  contem- 
plation of  the  marriage  then  about  to  be  solemnized  between  your 

petitioners,  a  large  estate,  to  the  amount  of  upwards  of 

dollars,  belonging  to  your  petitioner,  C.  B.,  then  a  minor, 

and  in  the  hands  and  possession  of  the  said  C.  F.,  as  her  guard- 
ian, was  assigned,  transferred  and  set  over  unto  the  said  G.  H., 
to  have  and  to  hold,  unto  him,  his  executors  and  administrators, 
upon  the  trusts  and  for  the  uses  and  purposes  in  the  said  indenture 
mentioned,  and  which  by  reference  to  the  same,  will  more  fully 
appear.     That  the  said  G.  H.  took  upon  himself  the  duties  of 

trustee,  and  the estate  above-mentioned,  went  into  his  hands, 

or  remained  there,  upon  the  trusts  and  for  the  uses  and  purposes 
in  the  said  indenture  mentioned.  That  the  said  G.  H.  has  mis- 
managed the  said  estate  committed,  as  aforesaid,  to  his  care,  and 
has  neglected  to  perform  the  duties  of  the  trust  thus  confided  to 
him.  That  the  said  G.  H.  is  in  insolvent  circumstances,  and  has 
lately  made  an  assignment  for  the  benefit  of  his  creditors.  Your 
petitioners,  therefore,  pray  that  a  citation  may  be  issued  to  the 
said  G.  H.,  to  show  cause  why  he  should  not  be  dismissed  from 
the  said  trust,  according  to  the  directions  of  the  Act  of  Assembly 
in  such  case  made  arid  provided.     And  they  will  pray,  &c. 


Petition  after  Trustee  is  dismissed,  for  Appointment  of  a 

new  one. 

To  the  Honourable  the  Judges  of  the  Court  of  Common  Pleas 
for  the  County  of . 

The  petition  of  A.  B.,  of  the  of ,  and  C,  his  wife, 

respectfully  showeth :  That  whereas  under  and  by  virtue  of  an 
Act  of  Assembly  of  the  Commonwealth  of  Pennsylvania,  entitled 
"A  supplement  to  the  Act"  entitled  "  An  Act  to  compel  assignees 


PETITIONS.  269 

to  settle  their  accounts,  and  for  other  purposes,"  passed  the 
twenty-ninth  day  of  March,  Anno  Domini  one  thousand  eight 
hundred  and  twenty-three,  your  petitioners  lately  presented  a 
petition  to  the  said  court,  praying  that  a  citation  might  be  issued 
to  D.  E.,  the  trustee  named  in  a  certain  indenture  tripartite,  men- 
tioned in  the  said  petition,  bearing  date  the  day  of ^ 

Anno  Domini  one  thousand  eight  hundred  and  ,  to  show 

cause  why  he  should  not  be  dismissed  from  the  trust  in  the  said 
indenture  specified. 

And  whereas,  the  said  citation  was  duly  granted  by  the  said 
court,  and  issued,  directed  to  the  said  D.  E.  And  upon  the  hear- 
ing thereupon  had  by  the  said  court,  they  did  actually  dismiss  the 
said  D.  E.  from  the  said  trust,  pursuant  to  the  said  Act  of  Assem- 
bly.    And  whereas  it  is  agreeable  to  your  petitioners,  the  cestui 

que  trust  in  the  said  indenture  named,  that  F.  G.  of  the  of 

should  be  appointed  a  new  trustee  in  lieu  and  in  the  place 

of  the  said  D.  E.,  so  as  aforesaid  dismissed  from  the  said  trust. 
They,  therefore,  pray  that  the  said  F.  G.  may  now  be  appointed 
by  the  said  court,  such  new  trustee  as  aforesaid,  under,  by  virtue, 
and  in  pursuance  of  the  said  Act  of  Assembly.  And  your  peti- 
tioners will  ever  pray,  &c. 


Petition  for  have,  to  prove  Contract  of  decedent  to  convey. 

To  the  Honourable  the  Judges  of  the Court  for  the  County 

of . 

The  petition  of  A.  B.,  of  the of ,  respectfully  show- 

eth :  That  C.  D.,  late  of  the of ,  died  on  the day 

of ,  at ,  intestate,  {or  having  first  duly  made  and  pub- 
lished his  last  will  and  testament,  wherein  and  whereby  0.  P.  and 
Q.  R.,  both  of  the  said  county,  were  nominated  the  executors 
thereof,  which  said  will  has  been  duly  proved  according  to  law, 
and  letters  testamentary  thereon  issued  to  the  said  0.  P.  and  Q. 
R.,  of  whose  executorship  accounts  your  honourable  court  have 
jurisdiction,)  and  letters  of  administration  have  been  issued,  in 
due  course  of  law,  to  0.  P.  and  Q.  R.,  administrators  of  all  and 
singular  the  goods,  chattels  and  estate  of  said  C.  D.     The  said  C. 

D.,  in  his  life-time,  to  wit :  on  the  day  of ,  in  the  year 

of  our  Lord  one  thousand  eight  hundred  and ,  was  seised  in 

fee  of  and  in ,  to  wit :  All  that,  &c.  ( Here  describe  the  pro- 
perty.) 

That  being  so  seised,  the  said  C.  D.  did,  (or  by  E.  F.  and  G. 
H.,  his  lawful  attorneys,  duly  constituted  by  power  in  writing, 
with  the  full  knowledge,  consent  and  approbation  of  the  said  C. 
D.,  did,)  by  a  bargain  or  contract  in  writing,  bind  himself  to  sell 
and  convey  the  said  real  estate  with  the  appurtenances,  unto  your 
petitioner,  A.  B.,  in  fee  simple,  in  consideration  of dollars,  to 


270  PETITIONS. 

be  paid  to  the  said  C.  D.   That  your  petitioner  paid  unto  the  said 

C.  D.,  in  the  Ufe-time  of  the  said  C.  D.,  the  sum  of dollars, 

a  part  of  the  purchase-money,  and  by  direction  of  the  said  C.  D., 
(or  the  said  E.  F.  and  G.  H.,)  a  deed  was  prepared,  but  its  exe- 
cution was  prevented  by  the  death  of  the  said  C.  D.,  (or  enter 
^nto  a  parol  contract  for  the  conveyance  of  the  said  real  estate  to 
your  petitioner.)  That  your  petitioner  is  ready  and  willing  to  pay 
the  said  consideration  money,  but  that  no  sufficient  provision  for 
the  performance  of  the  said  bargain  or  contract  appears  to  have 
been  made  by  the  said  deceased  in  his  life-time,  though  he  was 
well  satisfied,  and  intended  that  the  same  should  be  consum- 
mated. 

Your  petitioner,  therefore,  prays  that  this  honourable  ^urt  will 
be  pleased  to  designate  some  day  certain  at  which  noticeUha'J?"  be 
given  to  the  executors  (or  administrators)  and  heirs,  of?lhe  said 
deceased  C.  D.,  (or  the  devisees  of  the  afore-mentioned  real  estate, 
if  such  there  be,)  to  appear  in  your  said  court  and  answer  this 
bill  or  petition:  and  furthermore,  that  this  honourable  court  will 
be  pleased  to  decree  the  specific  performance  of  the  said  con- 
tract according  to  the  true  intent  and  meaning  thereof,  in  order 
to  the  completing  of  her  title  according  to  the  Act  of  Assembly, 
in  such  case  made  and  provided. 

A.  B.,  the  petitioner,  being  duly ,  declares,  that  the  facts 

stated  in  the  foregoing  petition  are  true  to  the  best  of  his  know- 
ledge and  belief. 

Sworn,  &c. 

Petition  for  Commission  de  Inebritate  Inquirendo. 
To  the  Honourable,  &.c. 

The  petition  of  A.  B.,  of  the of ,  and  State  of  Penn- 
sylvania, respectfully  showeth,  that is  a  citizen  of  this  com- 
monwealth, and  is  a  relation  by  blood  or  marriage  (or  is  interested 

in  the  estate)  of  C.  D.,  of  the of ,  being  (brothers)  to  the 

said  C.  D.,  and  that ,  the  said  C.  D.  has  become  an  habitual 

drunkard,  by  reason  of  habitual  drunkenness  become  incapable 
of  managing  his  estate,  and  is  wasting  and  destroying  the  same ; 
that  he,  the  said  C.  D.,  is  seised  of  considerable  real  estate,  and 

possessed  of  some  personal  property,  and  has  a and 

children.  Your  petitioner,  therefore,  prays  this  honourable  court 
to  appoint  a  commissioner,  (or  commissioners,)  and  issue  their 
precepts  to  the  same,  directing  them  to  proceed  in  the  same  man- 
ner as  has  heretofore  been  used  in  cases  of  persons  non  compos 
mentis,  and  to  inquire  whether  the  said  C.  D.  has  or  has  not,  by 
reason  of  habitual  drunkenness,  become  incapable  of  managing 
his  estate,  and  also  to  do  such  further  things  as  the  Act  of  Assem- 
bly, in  such  case  made  and  provided,  may  require.  And  he  will 
ever  pray,  &c. 


PETITIONS.  271 


Petition  of  Defendant^  alleging  reformation,  and  praying  the 
Court  to  revoke  the  original  order. 

To  the  Honourable,  &c. 

The  petition  orC.  D.  respectfully  showeth :  That  your  peti- 
tioner was  found  by  inquisition,  under  a  commission  issued  by 
your  honours,  to  have  been  an  habitual  drunkard,  and  your  hon- 
ours in  consequence  thereof,  in  term,  18 — ,  appointed 

a  committee   of  your  petitioner ;    he    now  represents    to   your 

honours,  that  has  become  reformed  and  habitually  sober, 

and  that  the  said  committee  as  well  as  your  petitioner's  family, 

are  convinced  of 's  said  reformation  and  sobriety,  and  are 

now  willing  and  desirous  that  the  stigma  upon  your  petitioner 

and family,  as  well  as 's  incapacity  to  transact  business 

for and  their  support,  should  be  removed  by  this  honourable 

court  as  far  as  in  them  lies.  Your  petitioner,  therefore,  prays 
your  honours,  to  take  proof  of  the  said  facts,  and  upon  full  proof 
being  mad6  of  the  truth  of  the  foregoing  allegations,  to  make  an 
order  that  the  said  commission  and  the  inquisition  taken  thereon, 
and  the  appointment  of  a  committee,  and  all  proceedings  relat- 
ing thereto,  be  altogether  superseded,  and  determined,  and  he 
will,  &c. 

(The  usual  affidavit.) 


Petition  for  a  Tavern  License. 

To  tlie  Honourable,  the  Judges  of  the  Court  of  Quarter  Sessions 
of  the  Peace  for  the  County  of  Erie. 

The  petition  of  John  Jones  respectfully  showeth :  That  your 
petitioner  occupies  a  commodious  house,  situate  in  the  township 

of  Amity,  on  the  road  leading  from  to ,  which  is  well 

calculated  for  a  public  house  of  entertainment,  and  from  its 
neighbourhood  and  situation,  is  suitable  as  well  as  necessary  for 
the  accommodation  of  the  public,  and  the  entertainment  of  stran- 
gers and  travelers. 

That  he  is  well  provided  with  stabling  for  horses,  and  all  con- 
veniences necessary  for  the  entertainment  of  strangers  and  travel- 
ers :  he,  therefore,  respectfully  prays  the  court  to  grant  him  a 
license  to  keep  an  inn,  or  public  house  of  entertainment  there. 
And  your  petitioner  will  pray,  &c.  JOHN  JONES. 

Amity,  January  10,  1845. 

We,  the  undersigned,  citizens  of  the  township  of  Amity  afore- 
said, being  personally  acquainted  with  John  Jones,  the  above- 
named  petitioner,  and  also  having  a  knowledge  of  the  house  for 
which  the  license  is  prayed,  do  hereby  certify  that  such  house  is 


272^>  PETITIONS. 

necessary  to  accommodate  the  public,  and  entertain  strangers  or 
travelers,  that  he  is  a  person  of  good  repute  for  honesty  and  tem- 
perance, and  that  he  is  well  provided  with  house  room  and  con- 
veniences for  the  lodging  and  accommodation  of  strangers  and 
travelers.  We,  therefore,  beg  leave  to  recommend  him  for  a 
license,  agreeably  to  his  petition.  • 

Q^  The  above  certificate  must  be  signed  by  at  least  twelve 
respectable  citizens  of  the  borough,  ward  or  township,  in  which 
the  tavern  is  proposed  to  be  kept.  Petitions  for  tavern  licenses 
must  be  presented  at  the  Jirst  or  second  term  of  the  court  of 
Quarter  Sessions  in  each  year,  and  notice  given  of  the  intended 
application  in  accordance  with  the  first  section  of  the  Act  of 
Assembly  of  Pennsylvania,  of  the  29th  March,  1841,  which  is  as 
follows. 

Be  it  enacted,  4'C.  That  every  person  intending  to  apply  for 
a  tavern  license  in  any  city  or  county  of  this  commonwealth,  from 
and  after  the  first  day  of  April  next,  shall  give  public  notice  of 
the  same,  by  at  least  three  publications  in  two  newspapers,  where 
the  application  is  made  in  any  of  the  cities,  and  in  one,  where  the 
application  is  made  in  any  of  the  counties  of  this  commonwealth, 
(if  so  many  there  be  in  said  city  or  county,  or  if  there  be  no 
newspaper  published,  then  by  printed  hand-bills,  to  be  posted 
throughout  the  township  in  six  of  the  most  public  places,  of  which 
fact  an  affidavit,  together  with  a  copy  of  the  printed  notices,  shall 
be  attached  to  the  application,)  which  publication  shall  be  made 
nearest  the  place  where  such  tavern  is  intended  to  be  kept,  and 
shall  embrace  the  certificate  required  by  the  fourth  section  of  the 
act  passed  on  the  eleventh  of  March,  one  thousand  eight  hundred 
and  thirty -four,  entitled,  "An  act  relating  to  inns  and  taverns,  and 
so  forth,"  the  last  of  which  publications  shall  be  at  least  ten  days 
before  the  first  day  of  the  term  of  the  court,  to  which  the  appli- 
cation shall  be  made. 


Petition  to  the  Legislature  for  a  Turnpike  Road. 

To  the  Honourable,  the  Senate  and  House  of  Representatives 
of  the  Commonwealth  of  Pennsylvania,  in  General  Assembly 
met : 

We,  tlje  undersigned  citizens,  inhabitants  of ,  respectfully 

represent.  That,  whereas  many  parts  of  this  commonwealth,  as 
well  as  parts  of  the  adjoining  states,  derive  peculiar  advantages 
from  the  turnpike  roads  whiqh  are  interspersed  through  various 
sections  of  them,  while  other  sections,  presumed  to  be  equally 
entitled  to  such  advantages,  labour  under  great  inconveniences 
for  want  of  advantages  of  a  similar  kind,  particularly  that  part  of 

this  state  which  lies  between  the end  of and ,  the 

great  thoroughfare  in  that  direction,  of  teams,  carriages  and  other 


PETITIONS.  273 

vehicles  of  transportation,  all  which  justifies  the  call  for  a  good 
and  commodious  road,  to  facilitate  the  transportation  of  country 
produce  and  other  commodities  to  an  eligible  and  ready  market. 

We,  therefore,  pray  your  honourable  body  to  enact  a  law,  au- 
thorizing the  governor  to  incorporate  a  company  to  survey,  lay 

out,  construct  and  make  a  turnpike  road ,  in  the  county  of 

,  by  the  nearest  and  best  route  to ,  and  from  thence  to 

,  aforesaid. 

We  also  pray  your  honourable  body,  to  authorize  the  governor     ^ 

to  subscribe,  on  behalf  of  the  commonwealth,  for shares,  to 

be  paid  in  such  manner  as  they  in  their  wisdom  may  deem  meet 
and  proper,  for  the  furtherance  of  the  object  of  your  petitioners, 
and  they  will  pray,  &c. 

Petition  to  the  Legislature  for  a  State  Road.  _, 

To  the  Honourable,  [as  above.]  •   ^|^|P 

Your  petitioners,  inhabitants  of  the  county  of -,  aware  that    '* 

the  Legislature  of  Pennsylvania  is  at  all  times  favourably  disposed 
towards  all  useful  internal  improvements,  which  tend  to  benefit 
and  add  comfort  to  her  fellow  citizens,  most  respectfully  repre- 
sent :  That  in  consequence  of  the  bridge  at ,  over  the , 

being  completed  for  the  passage  of  teams,  carriages,  horses  and 
travelers  of  every  description,  and  the  outlet  west  of  said  river, 
being  inconvenient  in  many  directions,  especially  for  the  greater 
part  of  the  inhabitants  of  said  county,  lying  in  the  direction  of 
,  on  the ,  &c.  It  is,  therefore,  the  opinion  of  your  peti- 
tioners, that  if  a  road  was  laid  out  and  opened  from  the  west  end 

of  said  bridge,  the  nearest  and  best  route  to  ,  aforesaid,  on 

the ,  it  would  not  only  be  convenient  and  useful  to  the  inha- 
bitants in  the  north  and  north-west  end  of  said  county,  but  open 
a  direct  communication  with  the  neighbouring  counties,  upon  and 

adjacent  to  the ,  and  thereby  afford  easy  and  safe  access  to 

a  good  market,  as  well  as  to  the  seat  of  government,  where  many 

people  in  the  northern  and  western  counties  beyond  ,  have 

frequent  and  necessary  business,  during  almost  every  season  of 
the  year,  but  particularly  when  your  honourable  body  is  in  ses- 
sion. Your  petitioners,  therefore,  pray  that  a  law  may  be  passed, 
authorizing  the  appointment  of  commissioners,  to  view  and  lay 
out  a  road,  in  such  direction,  as  the  end  of  your  petitioners'  prayer 
may  be  accomplished :  And  they  will  pray,  &c. 

Petition  for  erecting  a  Bridge  on  County  Line. 
To  the  Honourable,  the  Judges,  &c. 

,  The  petition  of  the  subscribers,  inhabitants  of  the  counties  of 
■iprteen  and  Fayette,  respectfully  represent:  That  a  bridge  is  much 


f 


274  PETITIONS. 

wanted  over  the  Monongahela  river,  being  the  line  of  the  said 
counties,  at  the  place  where  the  public  highway  to  Union  crosses 

the  said  river,  in  the  township  of in  Greene  County,  and  in 

the  township  of in  Fayette  County,  and  that  the  erection  of 

such  bridge  will  require  more  expense  than  it  is  reasonabe  the 
said  townships  should  bear.  Your  petitioners,  therefore,  pray  the 
court  to  appoint  proper  persons  to  view  the  premises,  and  to  take 
such  order  on  the  subject  as  is  required  and  directed  by  the  Acts 
of  Assembly  in  such  cases  made  and  provided.  And  they 
will,  &c. 


Petition  to  authorize  the  Recorder  to  enter  satisfaction  upon  a 

Mortgage. 

To  the  Honourable  J.  B.,  President  Judge  of  the  Court  of  Com- 
mon Pleas  of  Berks  County. 

The  petition  of  A.  B.  respectfully  showeth :  That  on  the  tenth 
day  of  February,  A.  D.  1837,  C.  D.,  of  the  township  of  Maiden 
Creek,  executed  to  E.  F.,  of  the  township  of  Windsor,  a  certain 
indenture  of  mortgage,  in  due  form  of  law,  which  is  recorded  in 
Mortgage  Book  A.,  page  365,  for  securing  the  payment  of  the 
sum  of  eleven  hundred  dollars,  lawful  money  of  the  United 
States,  relation  being  thereunto  had  will  more  fully  and  at  large 
appear.  That  the  said  E.  F.  being  the  legal  holder  of  the  said 
mortgage,  has  died,  without  entering  satisfaction  upon  the  record 
of  the  same ;  and  that  payment  has  been  made  of  all  the  money 
or  amount  due  thereon,  and  has  so  continued  for  more  than  two 
years ;  and  that  your  petitioner  is  the  owner  of  the  premises 
mortgaged  as  aforesaid.  Wherefore,  he  respectfully  prays  your 
honourable  court,  to  direct  the  sheriff  to  serve  a  notice,  stating  the 
facts  in  this  petition  set  forth,  on  G.  H.  and  I.  K.,  the  legal  repre- 
sentatives of  the  said  E.  F.,  who  are  to  be  found  in  the  said 
county,  requiring  them  to  appear  at  the  next  term,  and  answer 
the  petition  as  aforesaid.  And  your  petitioner  further  prays,  that 
upon  due  proof  being  made,  that  the  full  amount  for  which  the 
said  mortgage  was  given,  has  been  paid,  that  your  honourable 
court  will  decree  and  direct,  that  satisfaction  shall  be  entered  upon 
the  record  of  the  said  mortgage,  by  the  recorder  of  deeds,  on  pay- 
ment of  the  costs  due,  relative  to  the  entry  of  the  said  mortgage, 
or  any  proceedings  thereon,  and  that  said  satisfaction  so  entered, 
shall  forever  discharge,  defeat  and  release  the  same  mortgage,  ac- 
cording to  Act  of  Assembly  in  such  case  made  and  provided. 
And  he  will  pray,  &c.  *  A.  B. 


PETITIONS.  275 


Petition  to  compel  a  Deed  for  property  sold  by  former  Sheriff. 

To  the  Honourable  the  Judges  of  the  Court  of  Common  Pleas  of 
the  County  of  Berks. 

The  petition  of  A.  B.,  of  the  township  of  Rockland,  respect- 
fully showeth:  That,  by  virtue  of  a  writ  of  venditioni  exponas, 
issued  out  of  this  honourable  court,  C.  D.,  Esquire,  then  sheriff 
of  the  county,  sold  to  your  petitioner,  all  that  [here  describe  the 
premises,]  for  the  sum  of  fifteen  hundred  dollars ;  that  before  a 
deed  was  executed,  the  said  C.  D.  died,  and  E.  F.,  Esquire,  hath 
since  been  duly  elected  sheriff:  That  your  petitioner,  havhig  com- 
plied with  the  conditions  of  sale,  is  desirous  of  having  his  title  to 
the  premises  perfected.  He,  therefore,  prays  your  honours  to 
order  and  direct  the  said  E.  F.,  the  present  sheriff,  to  perfect  the 
title,  by  executing  to  him  a  deed  for  the  premises  so  by  him  pur- 
chased, according  to  Act  of  Assembly  in  such  case  made  and 
provided.     And  he  will,  &c.  A.  B. 


Where  former  Sheriff  has  gone  out  of  Office. 
To  the  Honourable,  &c.,  [as  above.]  * 

That  C.  D.,  then  sheriff  of  the  county  of  Erie,  by  virtue  of  a 
writ  of  venditioni  exponas,  to  him  directed,  issuing  out  of  this 
honourable  court,  returnable  to  August  Term,  A.  D.  1844,  and 
numbered  49  of  that  term,  in  a  suit  wherein  E.  F.  was  plaintiff 
and  G.  H.  defendant,  did  expose  to  sale  a  certain  piece  or  parcel 
of  land  therein  described,  and  sold  the  same  to  him,  the  said  peti- 
tioner, as  in  and  by  the  said  sheriff's  return,  indorsed  on  said  writ 
appears.  But  the  said  sheriff  executed  no  deed  to  your  petitioner, 
nor  have  any  further  proceedings  been  since  had  in  the  matter; 
and  the  said  sheriff  has  since  gone  out  of  office  by  the  limitation 
of  his  term.  Your  petitioner,  therefore,  prays  this  honourable 
court  to  order  and  direct  the  present  sheriff  to  make  and  execute 
a  sufficient  deed  to  him  for  the  property  aforesaid,  he  paying  the 
purchase-money.     And  he  will,  &c.  A.  B. 


Petition  for  Subpoena  in  Divorce,  for  desertion. 

To  the  Honourable  the  Judges  of  the  Court  of  Common  Fleas  of 
the  County  of  Erie. 

The  petition  of  John  Jones,  of  Erie,  carpenter,  in  all  humble 

manner,  showeth:  That  your  petitioner  was  on  the day  of 

,  &c.,  lawfully  joined  in  marriage,  with  Mary  Burns,  his  pre- 
sent wife,  and  from  that  time  lived  and  cohabited  with  her,  and 
hath  in  all  respects  demeaned  himself  as  a  kind  and  loving  bus- 


276  PETITIONS. 

band  ;  and  although  by  the  laws  of  God,  as  well  as  by  the  mutual 
vows  plighted  to  each  other,  they  were  bound  to  that  constancy 
and  uniform  regard  and  chastity  which  ought  to  be  inseparable 
from  the  marriage  state,[*]  yet  the  said  Mary,  in  violation  of  her 
marriage  vow,  hath  wilfully  and  maliciously  deserted  and  ab- 
sented herself  from  the  habitation  of  your  petitioner,  without  rea- 
sonable or  probable  cause,  for  the  space  of  two  years  and  upwards 
next  preceding  the  date  hereof.  Wherefore,  your  petitioner  fur- 
ther showing  that  he  is  a  citizen  of  this  state,  and  hath  resided 
therein  for  upwards  of  one  whole  year  previous  to  the  filing  of 
this  his  petition,  prays  your  honours  that  a  subpoena  may  issue 
in  due  form  of  law,  directed  to  the  said  Mary,  commanding  her 
to  appear  at  the  next  Court  of  Common  Pleas  to  be  held  at  Erie, 
to  answer  the  petitioner's  libel,  and  to  show  cause,  if  any  she 
hath,  why  the  petitioner  should  not  be  divorced  from  the  bond  of 
matrimony.     And  he  will  pray,  &c. 

JOHN  JONES. 

The  above-named  John  Jones  being  duly  sworn  according  to 
law,  doth  depose  and  say,  that  the  facts  contained  in  the  above 
petition  or  libel,  are  true,  to  the  best  of  his  knowledge  and  belief: 
•^d  that  the  said  complaint  is  not  made  out  of  levity,  or  by  collu- 
sion between  him  and  the  said  Mary  his  wife,  and  for  the  mere 
purpose  of  being  freed  and  separated  from  each  other,  but  in  sin- 
cerity and  truth,  for  the  causes  mentioned  in  the  said  petition  or 
libel. 

JOHN  JONES. 
Sworn  and  subscribed  before  me  this  } 

day  of A.  D. .         3 

Thomas  Brown,  J.  P. 


Petition  for  Subpoena  in  Divorce,  for  intolerable  treatment. 
To  the  Honourable,  &c. 

The  petition  of  Mary  Jones,  by  her  next  friend  Samuel  Dean, 
&c,,  [as  in  the  foregoing  petition  to  the  asterisk,  with  the  necessary 
change  of  parties,]  yet  so  it  is  that  the  parties  being  at  the  time 
domiciled  within  the  commonwealth  of  Pennsylvania,  the  said 
John  Jones  has  offered  such  indignities  to  the  person  of  your  peti- 
tioner, as  to  render  her  condition  intolerable,  and  her  life  burthen- 
some,  and  thereby  forced  her  to  withdraw  from  his  house  and 
family.  Wherefore,  your  petitioner  further  showing  that  she  is 
a  citizen  of  the  State  of  Pennsylvania,  and  has  resided  therein  for 
upwards  of  one  whole  year  previous  to  filing  this  her  libel,  prays 
&c.,  [as  in  the  preceding  form.] 


PETITIONS.  277 

Petition  for  Subpoena  in  Divorce. 
On  the  groiind  of  Adultery. 
To  the  Honourable,  &c. 
The  petition,  &c.,  [as  in  the  first  petition  to  the  asterisk,]  yet  so 

it  is,  that  the  said in  violation  of  his  [or  her]  marriage  vow, 

hath  for  a  considerable  time  past,  being  at  such  time  domiciled 
within  the  commonwealth  of  Pennsylvania,  given  himself  [or 
herself]  up  to  adulterous  practices,  and  been  guilty  of  adultery 
with  a  certain  M.  S.,  and  divers  other  persons,  to  your  petitioner 
unknown.  Wherefore,  your  libellant  further  showing  that,  &c., 
[as  in  the  first  petition  for  divorce.] 

Petition  for  divorce  from  bed  and  board,  and  for  Jilimony. 
For  Abandonment  of  Family. 

To  the  Honourable,  the  Judges  of  the  Court  of  Common  Pleas, 

for  the  County  of  Erie. 

The  petition  of  Mary  Jones,  by  her  next  friend,  Samuel  Dean,  re- 
spectfully showeth  :  That  your  petitioner  on  the day  of 

in  the  year,  &c.,  [as  in  the  first  petition  to  the  asterisk,  making  the 
necessary  alterations  as  to  parties,]  yet  so  it  is,  that  the  said  John 

Jones  from  the day  of ,  in  the  year,  &c.,  hath,  the  said 

parties  being  at  that  time  domiciled  within  the  commonwealth  of 
Pennsylvania,  wilfully  and  maliciously  absented  himself  from  the 
habitation  of  this  libellant,  and  abandoned  his  family  without  just 
or  reasonable  cause,  and  has  from  the  said  date  persisted  in  such 
desertion.  Wherefore,  your  petitioner  further  showing,  that  she 
is  a  citizen  of  this  state,  and  hath  resided  therein  for  upwards  of 
one  whole  year  previous  to  the  filing  of  this  petition,  prays  your 
honours  that  a  subpcEua  may  issue  from  the  said  court  directed 
to  said  John  Jones,  commanding  him  to  appear  at  the  next  term 
of  the  said  court  to  answer  this  petition  ;  and  also  that  a  decree 
of  this  court  may  be  given,  granting  this  libellant  a  divorce  from 
bed  and  board,  and  also  allowing  her  such  alimony  as  the  said 
John  Jones'  circumstances  will  admit  of,  so  as  the  same  do  not 
exceed  the  third  part  of  the  annual  profit  or  income  of  his  estate, 
or  of  his  occupation  and  labour.     And  she  will  pray,  &c. 

(Affidavit  as  to  the  first  petition.) 

Petition  for  divorce  from  bed  and  board,  and  for  Mimony,  on 
the  ground  of  intolerable  treatment. 

To  the  Honourable,  &c. 

The  petition  of  Mary  Jones,  by  her  next  friend,  Samuel  Dean, 
respectfully  showeth :  That  your  petitioner  on  the  day  of 


278  PETITIONS. 

in  the  year,  &c.,  [as  in  the  first  petition  to  the  asterisk,  mak- 
ing the  necessary  change  as  to  parties,]  yet  so  it  is,  that  the  said 

John  Jones  did,  on  the  —^ —  day  of ,  the  said  parties  being 

at  that  time  domiciled  within  the  commonwealth  of  Pennsyl- 
vania, and  at  other  various  days  and  times,  turn  this  libellant  (his 
wife),  out  of  doors,  or  offer  such  indignities  to  her  person  as  to 
render  her  condition  intolerable,  or  life  burthensome,  and  thereby 
force  her  to  withdraw  from  his  house  and  family,  (or  by  cruel 
and  barbarous  treatment  endanger  her  life;)  Wherefore,  your 
libellant  further  showing,  &c.,  [as  in  the  last  preceding  form.] 


Petition  of  a  Husband,  respondent,  that  the  decree  of  Divorce, 
a  mensa  et  thoro,  be  annulled. 

A.  B.,  by  her  next  friend,  C.  D.,  ^  In  the Court  of  the 

vs.  >     of ,  of Terra,  1 8 — . 

E.  F.  S      No. . 


The  petition  of  E.  F.,  the  respondent  above-named,  respectfully 

showeth :  That  he  is  informed  and  understands,  that  on the 

day  of ,  in  the  year  of  our  Lord  one  thousand  eight 

hundred  and ,  this  honourable  court  made  a  sentence  or  de- 
cree, conformably  to  the  prayer  of  the  libellant  above-named,  that 
your  petitioner  and  the  said  libellant  should  be,  and  they  accord- 
ingly were,  divorced  from  bed  and  board. 

Your  petitioner  does  not  deem  it  proper  for  him  at  this  stage  of 
the  proceeding,  to  deny  the  allegations  contained  in  the  bill  of  the 
above  libellant,  nor  to  dispute  the  justice  of  the  sentence  pro- 
nounced by  this  honourable  court,  grounded  upon  the  ex-parte 
evidence  produced  to  them :  he  is  informed  and  advised  that  the 
said  sentence  is  absolute,  and  precludes  contradiction  on  matters 
of  fact.  But  your  petitioner  is  well  convinced  that  he  and  the 
libellant  can  live  happily  together  hereafter,  and  that  their  doing 
so  will  be  essential  to  the  comfort,  education  and  morals  of  their 
young  children,  and  he  anxiously  avails  himself  of  an  indulgent 
provision  of  the  law,  and  now  offers  to  this  honourable  court,  to 
receive  and  cohabit  with  the  said  libellant  again,  and  to  use  her 
as  a  good  husband  ought  to  do :  he,  therefore,  prays  that  this 
honourable  court  suspend  the  aforesaid  decree,  and  that  in  case 
the  said  libellant  refuse  to  return  and  cohabit  with  your  petitioner 
under  the  protection  of  this  court,  your  honours  may  discharge 
and  annul  the  aforesaid  sentence  or  decree.  And  for  the  faithful 
performance  of  this  offer  and  engagement  on  his  part,  yoiur  peti- 
tioner will,  if  necessary,  give  to  this  lionourable  court,  such  secu- 
rity as  in  their  discretion  they  may  consider  the  case  to  require. 


PETITIONS.  279 


*  Petition  to  the  Legislature  of  Pennsylvania  for  Divorce. 

To  the  Honourable,  the  Senate  and  House  of  Representatives 
of  the  Commonwealth  of  Pennsylvania,  in  General  Assembly- 
met. 

^'he  petition  of  John  Jones  of  the  County  of  Erie,  in  the  said 
commonwealth,  humbly  showeth:  That  your  petitioner,  on  the 

day  of ,  in  the  year  of  our  Lord  one  thousand  eight 

hundred  and  thirty-nine,  was  bound  in  matrimony,  and  married 
to  a  certain  Anna  Burns,  of  said  county,  and  from  that  time  con- 
tinued to  live  and  cohabit  with  her  until  about  the day  of 

,  one  thousand  eight  hundred  and  forty-one,  at  which  time 

your  petitioner  and  his  said  wife  were  at ,  in  the  State  of  In- 
diana, to  which  place  your  petitioner  and  his  said  wife,  had,  a 
short  time  previously  journeyed,  for  the  purpose  of  visiting  the 
said  Anna's  father,  who  then  resided  in  the  said  State  of  Indiana ; 

tliat  on  the  said day  of ,  one  thousand  eight  hundred 

and  forty-one,  the  said  Anna,  without  any  just  or  reasonable 
cause,  left  your  petitioner,  and  refused  to  return  with  him  to  the 
County  of  Erie  aforesaid ;  that  your  petitioner  returned  to  his 
place  of  residence  in  the  County  of  Erie,  where  he  resided  and 
has  ever  since  continued  to  reside ;  that  the  said  Anna  hath,  per- 
sisted in  such  desertion,  and  still  doth  continue  to  absent  herself 
from  your  petitioner.  And  your  petitioner  would  further  repre- 
sent that  he  and  his  said  wife  are  yet  young,  he  being  twenty- 
nine,  and  she  not  yet  twenty -six  years  old. 

Your  petitioner,  therefore,  humbly  prays  your  honourable 
bodies  will  be  pleased  to  pass  an  act  dissolving  the  marriage  con- 
tract between  him  and  the  said  Anna,  so  that  they  may  be  freed 
and  separated  from  each  other  in  all  time  to  come.  And  as  in 
duty  bound  he  will  ever  pray,  &c.  JOHN  JONES. 

(Add  the  san^e  affidavit  as  to  the  first  petition.) 


To  the  Honourable  Judges  of  the  Court  of  Common  Pleas  of  the 
County  of  Erie. 

The  petition  of  divers  inhabitants  of  the  township  of  North 
East,  in  the  County  of  Erie,  and  Commonwealth  of  Pennsylvania, 

*  By  the  constitution  of  Pennsylvania,  the  Legislature  has  no  power  to  enact 
laws  annulling  the  contract  of  marriage  in  any  case  where  by  law  the  courts  of 
the  commonwealth  are  empowered  to  decree  a  divorce. 

A  petition  to  the  Legislature  for  a  divorce,  should  be  accompanied  by  the  de- 
positions of  witnesses.  It  should  also  appear  that  the  opposite  party  had  due 
notice  of  the  intended  application,  and  of  the  time  and  place  of  taking  deposi- 
tions; unless  the  place  of  residence  of  the  opposite  party  should  be  unknown. 
In  that  case,  the  want  of  such  notice  might  be  excusable,  but  such  unknown 
■  residence  should  be  proved.  The  depositions  proving  the  facts  set  forth  in  the 
petition,  &c.,  should  accompany  it 


280  PETITIONS. 

respectfully  showeth :  That  whereas  the  members  of  the  Metho- 
dist Episcopal  Church  in  the  township  of  North  East  aforesaid, 
wish  to  be  incorporated  according  to  the  articles  hereunto  attach- 
ed, would  respectfully  recommend  to  your  honourable  court  to 
incorporate  said  church  accordingly.  And  your  petitioners,  as  in 
duty  bound,  will  ever  pray,  &c. 

[Here  will  follow  the  names  of  the  signers  of  the  petition,  and 
to  the  said  petition  will  be  annexed  the  articles  as  proposed  for 
incorporation.] 

Be  it  decreed  by  the  Court  of  Common  Pleas  of  Erie  County, 
by  virtue  of  the  power  vested  in  said  court  by  the  laws  of  the 
Commonwealth  of  Pennsylvania :  That  the  members  of  the  Meth- 
odist Episcopal  Church  of  the  township  of  North  East,  in  the 
county  and  commonwealth  aforesaid  be,  and  they  are  hereby 
made  and  constituted  into  a  body  corporate  and  politic,  in  deed 
and  in  law,  by  the  name,  style  and  title  of  the  "  first  Methodist 
Episcopal  Church  in  North  East,"  and  by  the  same  name,  shall 
have  perpetual  succession,  and  be  able  to  sue,  and  be  sued,  im- 
plead and  be  impleaded  in  all  courts  of  law  and  elsewhere,  and 
shall  be  able  and  capable  in  law  and  equity,  to  take,  hold  and  enjoy 
for  the  use  of  said  church,  such  lands  and  tenements,  goods  and 
chattels,  as  now  are,  or  shall  hereafter  become  the  property  of  the 
said  congregation,  or  to  be  held  for  their  use  by  gift,  grant,  devise, 
bequest  or  otherwise,  from  any  person  or  persons  whomsoever, 
capable  of  making  the  same,  and  the  same  to  grant,  bargain,  sell, 
or  otherwise  dispose  of  for  the  use  of  the  said  congregation. 

Sec.  2d.  A.  B.,  C.  D.,  E.  F.,  G.  H.  and  J.  K.  shall  be  trustees 
of  the  said  church  until  others  are  appointed  their  successors  in 
office,  according  to  the  form  of  discipline  by  which  said  church  is 
governed.  The  said  trustees  or  their  successors  in  office  to  be  ap- 
pointed according  to  the  form  of  discipline  of  the  Methodist  Epis- 
copal Church  aforesaid,  shall  have  the  care  and  management  of 
the  property,  real,  personal  or  mixed,  belongmg  to  said  corpora- 
tion ;  shall  be  members  thereof  and  shall  be  accountable  thereto 
for  their  official  conduct,  and  shall  in  all  respects  conform  to  its 
instructions;  provided,  that  the  same  are  not  inconsistent  with 
the  Constitution  or  laws  of  the  United  States,  or  of  this  Common- 
wealth, or  with  the  form  of  discipline  by  which  said  corporation 
is  governed  as  a  church. 

Sec.  3d.  Every  male  member  in  full  communion  in  the  said 
church,  of  the  age  of  twenty-one  years  and  upwards,  being  a  citi- 
zen of  Pennsylvania,  and  having  resided  in  the  said  township  of 
North  East  and  county  aforesaid,  for  the  space  of  six  months, 
shall  be  considered  a  member  of  said  corporation,  and  be  as  such 
entitled  to  the  privilege  of  speaking  and  voting  at  its  meetings. 

Sec.  4th.  The  said  corporation  shall  have  full  power  to  make 
and  use  one  common  seal,  with  such  device  or  inscription  thereon. 


PRECIPES.  281 

as  they  may  deem  proper,  and  the  same  at  pleasure  to  break, 
alter  or  renew,  and  also  to  enact  and  enforce  such  by-laws  and 
ordinances  from  time  to  time,  as  they  m&y  judge  expedient  for 
the  prosperity  and  good  government  of  the  said  corporation ;  pro- 
vided, the  same  shall  not  be  inconsistent  with  the  constitution 
and  laws  of  the  United  States,  or  of  this  Commonwealth,  or  with 
the  form  of  discipline  by  which  said  church  is  governed.* 


PRECIPES. 

A  precipe  is  the  name  of  the  written  instructions  given  by  a 
plaintiff  or  an  attorney,  to  the  clerk  or  prothonotary  of  a  court, 
whose  duty  it  is  to  make  out  the  writ  for  the  making  of  the  same. 
It  is  the  authority  which  the  prothonotary  has  for  what  he  does, 
and  it  is  the  instrument  by  which  any  subsequent  error  may  be 
amended. 


Precipe  for  an  Original  Writ  in  the  Common  Pleas. 

John  Jones     ^  In  the   Common  Pleas  of  Erie  County,  issue 
vs.  >     summons  in  debt  (or  as  the  case  may  be)  re- 

William  Burns.  )  .    turnable  to  the  next  term. 

R.  S.,  Att'y  for  plaintiff, 
January  1st,  1845. 
W.  K.  Esquire,  Prothonotary. 


t^  Precipe  in  Foreign  Attachment. 

John  Jones     ^  In  the  Common  Pleas  of  Crawford  County,  issue 

vs.  >      writ  of  Foreign  Attachment,  (in  debt  or  case) 

William  Burns.  )      returnable  to  next  term.  Bail  in  % —  required. 

Attach  goods  and  chattels,  moneys,  rights  and  credits,  lands  and 

tenements  of  the  defendant  in  the  hands,  possession,  or  custody  of 

Eli  Brooks,  and  summon  him  as  garnishee. 

R.  S.,  Attorney  for  plaintiff, 
January  1st,  1845 
A.  B.,  Esquire,  Prothonotary. 

*  This  form  can  be  varied  to  suit  a  church  corporation  for  any  denomination 
associated  for  religious  purposes,  or  associations  for  literary  or  charitable  pur- 
poses, or  for  the  formation  of  fire-engine  or  hose  companies  or  beneficial  socie- 
ties. The  Supreme  Court  and  also  the  Court  of  Common  Pleas  of  Pennsylvania 
have  power  to  incorporate  for  the  aforesaid  purposes.  See  Act  of  13th  of  Octo- 
ber, 1840;  Pamph.  L.  p.  5  of  1841.  The  Act  is  entitled  "an  Act  relating  to  Or- 
phans' Courts,  and  for  other  purposes.  As  to  powers  of  the  Supreme  Court,  see 
Act  of  6th  April,  1791 ;  3  Smith,  p.  20. 


282  PRECIPES 

John  Jones 


vs. 


In  the  Common  Pleas  of  Mercer  County,  May 

wn-  "^\i  C      Term,  A.  D.  1844. 

Wilham  Burns. )  ' 

Issue  writ  of  inquiry  of  damages  returnable  to  next  term. 

R.  S.,  Attorney  for  plaintiff, 

January  1st,  1845. 
A.  B.  Esquire,  Prothonotary. 


Precipe  in  Foreign  Attachment. 
Issue  writ  of  inquiry  of  damages  returnable  to  next  term. 

Precipe  for  Scire  Facias  to  Garnishee. 


In  the  Court  of  Com- 
mon Pleas  of 

County.  Original  ac- 
tion of  foreign  attach- 
ment to Term, 

A.D. .  No.—. 

Issue  writ  of  scire  facias  returnable  to  next  term. 


John  Jones 

vs.  < 

William  Burns,  garnishee  of  Ira  Wilson 


Precipe  in  Domestic  Attachment. 

o  n  ones  ^  iggue  writ  of  domestic  attachment  per  affidavit 
WiUiam  Burns.  S      ^^^^'     Stipulations  in  ^ , 

Precipe  in  Attachment  against  Vessels. 

John  Jones  1  ,         ,^    ,        ,      , 

I  Issue  attachment  and  men- 

The  schooner  called  the  Betsy,      f     *^«^  stipulations  in  the 

WiUiam  Burns  owner.  J      ^^°^  ^'  * ' 

Precipe  for  fi.  fa.  for  residue  of  Judgment. 

John  Jones     ^  j^  ^^^  Common  Pleas  of ,  County  of , 

William  Burns.  ^     Term  A.  D. .    No. . 

Issue  fi.  fa.  for  residue  of  debt  and  costs  not  produced  by  former 
execution,  returnable  to  next  term. 


PRECIPES.  2SB 

Precipe  for  Certiorari  to  Justice  of  the  Peace. 
John  Jones     ^  j^^^^  certiorari  to  L.  M.,  Esq.,  returnable  to 

■IX7-II-  ^''-D  C      next  term. 

William  Burns. ) 

Precipe  for  Summons  in  Covenant. 

C  Issue  summons  to  answer  plaintiff  of  a  plea, 
John  Jones  that  he  keeps  with  him  the  covenants  be- 

vs.  ^      tween  them  made,  according  to  the  force, 

William  Burns.         form  and  effect  of  certain  articles  of  agree- 
ment heretofore  made  between  them. 

Precipe  for  Execution  on  Judgment  affirm,ed  on  Certiorari. 

John  Jones     ^  j^  ^j^^  Common  Pleas  of  -^ ,  County  of , 

wn-    *'*'-n  V      Term  A.  D. .     No. . 

William  Burns. ) 

Issue  fi.  fa.  against  defendant  iox.  damages,  as  per  judgment  of 
the  justice  affirmed  by  the  court,  and  for  all  costs  as  well  of  the 
proceedings  before  the  justice,  as  of  the  proceedings  on  certiorari 
in  this  court.     Returnable  to  next  term. 

Precipe  for  Writ  of  Replevin. 

John  Jones     ^  Issue  replevin  for  two  oxen,  three  cows,  and 

vs.  >     one of  the  value  of  S .    Returnable 

William  Burns.  )      to  next  term. 

Precipe  for  sci.fa.  on  Writ  of  Inquiry. 
John  Jones 


In  the  Common  Pleas  of ,  County  of 


William  Burns. )        ^ 

Issue  sci.  fa.,  to  show  cause  why  a  writ  of  inquiry  should  not 
issue  to  inquire  of  the  damages  in  the  above  suit.  Returnable  to 
next  term. 

Let  the  sheriff  return  a  nihil  or  this  writ. 

Precipe  for  fi.  fa.  against  Plaintiff  for  Costs. 

John  Jones     ■)  j^^^^  ^  ^^  against  the  plaintiff  for  costs.     Re 
turnable  to  next  term. 


vs. 


William  Burns.  ^ 

Precipe  for  sci.fa.  to  revive  Judgment. 

John  Jones     ^  Issue  sci.  fa.  to  revive  judgment.     No. ,  to 

vs.  V Term,  A.   D. .     Entered,  A.  D. 

William  Burns.  )     .     Returnable  to  next  term. 


284  PROCLAMATION. 


Precipe  for  a  sci.  fa.  on  Mortgage. 

John  Jones     ^ 

vs.  ^-  In  the  District  Court  of  Lancaster  County. 

William  Burns. ) 

Issue  sci.  fa.  sur  mortgage,  recorded  in  Mortgage  Book  B., 
page  56,  returnable  to  May  Term,  1845. 

Precipe  for  Certiorari  on  proceedings  to  deliver  possession  to 
Sheriff  ^s  Vendee. 

In  the  case  of  John  Jones,  &c. 

Issue  certiorari  to  John  Doe  and  Richard  Roe,  Esquires,  two  of 
the  justices,  &c.,  to  remove  all  proceedings,  judgments  and  execu- 
tions, before  them  had  and  depending  between  William  Burns, 
complainant,  and  the  said  John  Jones,  under  the  Act  of  Assembly, 
to  enable  purchasers  at  sheriflPs  or  coroner's  sales  to  obtain  pos- 
session, returnable  to  May  Term,  1845. 

Precipe  for  a  Writ  in  Trespass. 

John  Jones     ^ 

vs.  >  In  the  District  Court  of  Allegheny  Cotmty. 

William  Burns.  3 

Issue  summons  against  defendant  to  answer  plaintiff  of  a  plea, 
wherefore,  &c.,  [setting  forth  briefly  the  witness,]  returnable  to 
May  Term,  1845. 


PROCLAMATION. 

A  proclamation  is  the  declaration  made  by  the  crier  by  au- 
thority of  the  court,  that  something  is  about  to  be  done.  It 
usually  commences  with  the  French  word  Oyez,  do  you  hear,  in 
order  to  attract  attention.  It  is  particularly  used  on  the  meeting 
or  opening  of  the  court,  and  at  its  adjournment.  It  is  also  fre- 
quently employed  to  discharge  persons  who  have  been  accused 
of  crimes  or  misdemeanors. 


Proclamation  of  a  Court  Crier  on  opening  Court. 

Oyez,  Oyez,  Oyez.  All  manner  of  persons  who  have  any 
thing  to  do  before^the  Honourable,  the  Judges  of  the  Court  of 
Common  Pleas,  (Orphans'  Court,  Oyer  and  Terminer  and  Gene- 
ral Jail  Delivery,  and  Court  of  Quarter  Sessions,)  here  holden  this 
day,  let  them  come  forward,  and  they  shall  be  heard. 


PROCLAMATION.  285 


PrCiclamation  for  Grand  Jurors. 

.     All  you  who  have  been  summoned  to  serve  as  Grand 

Jurors,  please  answer  to  your  names. 

Proclamation  for  Returns  of  Constables.  . 

.     All  you  who  have  been  elected  to  serve  as  constables 

of  the  borough  and  several  townships  in  the  county  of ,  come 

forward  when  called  and  render  your  returns. 

Proclamation  for  Discharge  of  Insolvent  Debtors. 

If  any  person  have  aught  to  say  why  A.  B.,  an  insol- 


vent debtor,  should  not  be  discharged,  according  to  an  Act  of 
Assembly  in  such  case  made  and  provided,  let  them  now  come 
forward  with  their  objection,  or  he  will  be  discharged. 

Proclamation  for  forfeiting  Recognizance. 

A.  B.,  the  principal,  {thrice)  come  forth  and  appear  as 


you  have  undertaken  to  do,  or  you  will  forfeit  your  recognizance. 

.     C.  D.,  (the  surety,)  bring  forth  the  body  of  A.  B.,  as  you 

have  undertaken  to  do,  or  you  will  forfeit  your  recognizance. 

Proclamation  for  Acknowledgment  of  Sheriff^s  Deed. 

The  sherifi'  of county  is  about  to  acknowledge  a 


deed  to for  a, ,  situate  in  the of ,  taken  in  exe- 
cution and  sold  as  the  property  of . 

Proclamation  of  Sheriff  for  holding  Court. 

Whereas,  the  honourable  N.  E.,  President  of  the  Court  of  Com- 
mon Pleas  in  the judicial  district,  consisting  of  the  counties 

of ,  and  the  honourable  J.  B.  and  W.  D.,  Esqs.,  Associate 

Judges  in county,  having  issued  their  precept,  bearing  date 

the day  of ,  18 — ,  to  me  directed,  for  holding  a  Court 

of  Oyer  and  Terminer  and  General  Jail  Delivery,  at ,  for  the 

county  of ,  and  to  commence  on  the Monday  of 

next,  being  the day,  18 — ,  and  to  continue weeks. 

Notice  is  therefore  hereby  given,  to  the  coroner,  justices  of  the 

peace,  and  constables  of  the  said  county  of ,  that  they  be 

then  and  there  in  their  proper  persons,  at o'clock  in  the 

noon  of  said  day,  with  their  records,  inquisitions,  examinations 
and  their  other  remembrancers,  to  do  those  things  which  to  their 
offices  appertain  to  be  done ;  and  those  who  are  bound  in  recog- 


286  *        PUBLIC  SCHOOLS. 

nizances  to  prosecute  against  the  prisoners  that  are  or  shall  be  in 

the  jail  of couiity,  be  then  and  there  to  prosecute  against 

them  as  shall  be  just. 

Given  under  my  hand  at  Erie,  the  first  day  of  January,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  forty-five,  and 
in  the  sixty-ninth  year  of  the  independence  of  the  United  States. 


Public  schools. 

Form  of  Bond  of  District  Treasurer. 

County,  ss. 

Know  all  men  by  these  presents,  that  we  and , 

are  held  and  firmly  bound  to  president  of  the  board  of 

school  directors  of district,  in  the  county  aforesaid,  and  to 

his  successors  in  office,  for  the  use  of  the  district  aforesaid,  in  the 

sum  of ,  (here  insert  double  the  amount  of  the  sum  which 

will  probably  come  into  the  hands  of  the  treasurer  in  one  year  for 

school  purposes,)  lawful  money,  to  be  paid  to  the  said  or 

his  successors,  to  the  which  payment,  well  and  truly  to  be  made, 
we  bind  ourselves,  jointly  and  severally,  our  heirs,  executors  and 
administrators,  and  every  of  them,  by  these  presents.    Sealed  with 

our  seals,  dated  the day  of ,  in  the  year  of  our  Lord, 

18 — .  Whereas  the  said has  been  duly  appointed  trea- 
surer of  the  said  school  district,  for  and  during  the  term  of  one 
year  from  the  date  hereof.  Now  the  condition  of  this  obligation 
is  such,  that  if  the  said shall,  and  do  well  and  truly,  exe- 
cute and  perform  the  duties  of  said  office  according  to  law,  and 
shall,  at  the  end  of  the  term  aforesaid,  faitlifuUy  account  for  the 
school  money  he  shall  have  received  during  the  term  aforesaid, 
and  shall  pay  over  into  the  hands  of  his  successor  in  office,  such 
balance  as  may  then  remain  in  his  possession,  this  obligation  to  be 
void,  or  else  to  remain  in  full  force  and  virtue. 


Sealed  and  delivered  in 


presence  of  us,  3  viJ^ 


PUBLIC  SCHOOLS.  287 


Form  of  Bond  of  District  Collector. 
Know  all  men  by  these  presents,  that  we, and 


are  held  and  firmly  bound  to  ,  president  of  the  board  of 

school  directors  of district,  in  the  county  aforesaid,  and  to 

his  successors  in  office,  for  the  ase  of  the  district  aforesaid,  in  the 

sum  of ,  (here  insert  double  the  amount  of  the  duplicate,) 

lawful  money,  to  be  paid  to  the  said or  his  successors ;  to 

the  which  payment,  well  and  truly  to  be  made,  we  bind  ourselves, 
jointly  and  severally,  our  heirs,  executors  and  administrators,  and 
every  of  them,  by  these  presents.     Sealed  with  our  seals,  dated 

the day  of ,  in  the  year  of  our  Lord,  18 — .     Whereas 

the  said  ,  has  been  duly  appointed  collector  for  the  school 

year,  which  will  terminate  on  the  first  Monday  of  June,  18 — ,  of 

the  school  tax  of district  aforesaid.     Now  the  condition  of 

this  obligation  is  such,  that  if  the  said ,  shall,  and  do  well 

and  truly,  execute  and  perform  the  duties  of  said  office,  according 
to  law,  and  shall  faithfully  account  for,  and  pay  into  the  hands  of 
the  proper  treasurer  of  said  district,  the  money  which  shall  come 
into  his  hands  as  collector  aforesaid,  and  shall  settle  up  his  dupli- 
cate on  or  before  the  day  of next,  according  to  law, 

then  this  obligation  to  be  void,  or  else  to  be  and  remain  in  full 
force  and  virtue. 

Sealed  and  delivered  in 
the  presence  of  us, 


Form  of  PTarrant  to  Collector  of  School  Tax. 

County, District,  ss. 

To ,  of ,  in  said  county.     These  are  to  authorize 

and  require  you  to  demand  and  receive  of,  and  from  every  person 
in  the  annexed  duplicate  named,  the  sum  wherewith  such  persons 
stand  charged,  and  you  are  to  collect  and  pay  over  all  such 
moneys  as  you  may  have  received,  to  ,  treasurer  of  the 


288  ^         PUBLIC  SCHOOLS. 

said  school  district,  and  his  successor  in  office,  on  or  before  the 

day  of next ;  at  which  time  abatement  or  allowance 

for  mistakes  or  indigent  persons  will  be  made,  and  within 

months  from  the  date  hereof,  you  shall  pay  into  the  hands  of  the 
said  treasurer,  the  whole  amount  of  the  taxes  charged  and 
assessed  in  the  annexed  duplicate,  without  further  delay,  except 
such  sum  as  the  directors  may,  in  their  discretion,  exonerate  you 
from. 

And  if  any  person  shall  neglect,  or  refuse  to  make  payment 
within  thirty  days  from  the  time  of  such  demand,  it  shall  and 
may  be  lawful  to  and  for  you,  and  you  are  hereby  commanded, 
to  levy  the  said  tax  by  distress  and  sale  of  the  goods  and  chat- 
tels of  such  delinquent,  giving  ten  days'  public  notice  of  such 
sale,  by  written  or  printed  advertisements,  and  rendering  the 
overplus,  (if  any  there  be,  after  such  sale,)  to  the  owner.  Hereof 
fail  not. 

Given  under  my  hand  and  seal,  at  the day  of 

A.  D. 


President  of  the  Board  of  Directors  of district. 


Form  of  Certificate  of  Assessment  of  School  Tax. 

[Here  insert  the  amount  of  tax  assessed,  in  figures.] 

[Date.] 
To  the  Superintendent  of  Common  Schools : 

Sir: — I  do  hereby  certify,  that  a  school  tax,  amounting  to 

dollars, has  been  regularly  levied  and  assesssed  for  the  school 

year, ending  on  the  first  Monday  of  June,*  A.  D. upon 

district county ;  that  a  warrant  for  the  collection  thereof 

has  been  delivered  to  the  district  collector,  according  to  law ;  and 
that  the  aforesaid  sum,  is,  at  least,  equal  to  the  amount  of  this 
district's  share  of  annual  state  appropriation. 

I  do  further  testify  that (of Post  Office,  county  of 

,)  is  lawfully  appointed  treasurer  of  this  school  district. 

Attest :  (Signed,)  President. 

Secretary,  Post  Office. 

•  See  Act  of  1836,  Sect  21,  and  Remarks  on  «  School  Year,"  page  32. 


m 


PUBLIC  SCHOOLS.       ifr'  289 

Form  of  Order  on  District  Treasurer. 

$        ,  [Date.] 

To  the  Treasurer  of  — 


•  District, county : 

Sir  : — Pay  to or  order, dollars, ,  (being  one  quar- 
ter's salary  due  him  as  teacher,  up  to or  on  account  of  salary, 

or  for  fuel  furnished  to school  house,  or  for  rent  of  school 

house,  &c,,  as  the  case  may  be,)  for  which  this  will  be  your  suffi- 
cient voucher,  on  settlement  of  your  accounts. 
By  order  of  the  Board. 
Attest :  (Signed,)  President. 

Secretary/. 


Form  of  Certificate  of  non-payment  of  tax  on  unseated  land. 

To  the  Commissioners  of  the  County  of 

Gentlemen  : — I  do  hereby  certify,  that  the  following  school 

tax  on  unseated  land  within  the  district  of ,  was  regularly 

assessed  and  set  forth  in  the  duplicate  of  school  tax  for  the  year 

,  delivered  to  me  for  collection  by  the  president  of  the  board 

of  directors  thereof,  and  that  the  same  has  not  been  voluntarily 
paid  to  me  :  you  are  therefore  required  to  cause  the  same  to  be 
collected  and  paid  over,  agreeably  to  the  7th  section  of  the  Act, 
entitled  "  An  Act  to  consolidate  and  amend  the  several  Acts  rela- 
tive to  a  general  system  of  education  by  Common  Schools," 
passed  the  13th  day  of  Junie,  1836. 

DOLLARS.       CENTS. 

Viz :  Upon  land  of  A.  B.  —  — 

Upon  land  of  CD.  —  — 


[Date.] 


(Signed,) 
Collector  of  School  Tax  for  the  District  of- 

Form  of  Deed  of  Land  to  School  Directors. 


Know  all  men  by  these  presents,  that  we, ,  of ,  for  and 

in  consideration  of  dollars,  to  us  paid  at  the  ensealing 

hereof,  by  ,  Directors  of  Common  Schools,  of town- 
ship, district  in  the  county  of ,  the  receipt  of  which  is  hereby 

acknowledged,  do  grant,  bargain,  sell,  assure  and  convey,  to  the 
said  directors  aforesaid,  their  successors  and  assigns,  a  piece  of 
ground,  situate  in  said  township  of ,  described  as  follows,  viz : 

Beginning ,  containing ;  being  part  of  the  premises 


290  ^^         PUBLIC  SCHOOLS. 

conveyed  by to  the  grantors,  by  deed  dated,  [here  insert 

the  necessary  recitals,]  together  with  all  its  rights,  members  and 
appurtenances ;  to  have  and  to  hold  the  said  piece  of  ground  and 
appurtenances,  to  the  said ,  directors  aforesaid,  their  succes- 
sors and  assigns  forever,  for  the  establishment  and  support  of  com- 
mon schools  in  said  district,  according  to  law.     And ,  the 

said ,  do covenant  with  the  said  directors,  their  suc- 
cessors and  assigns,  that  they  are  lawfully  seised,  in  fee  of  the 
afore-granted  premises ;  that  they  are  free  of  all  incumbrances ; 
that  they  have  a  good  right  to  sell  and  convey  the  same  to  the 
said  directors,  and  will  warrant  and  defend  the  same  premises  to 
the  said  directors,  their  successors  and  assigns,  for  ever,  against 
the  lawful  claims  and  demands  of  all  persons.  [This  constitutes  a 
general  warranty.  If  a  special  warranty  be  desired,  let  the  fol- 
lowing words  be  added :]  claiming,  by,  from  or  under  them,  or 
any  of  them.     In  witness,  &c. 

Sealed  and  delivered  in 
our  presence  : 


[Receipt  for  the  purchase  money,  and  acknowledgment  before 
a  justice,  to  be  in  the  usual  form.] 


Form,  of  Lease  of  School  House  and  Lot  to  School  Directors. 

Know  all  men  by  these  presents,  that  I, ,  of ,  agree 

to  let  and  rent  to ,  Directors  of  Common  Schools,  for 

district,  in county,  and  their  successors,  [here  insert  the 

words  "and  assigns,"  if  it  is  agreed  to  confer  upon  directors  power 
to  assign  the  lease,]  a  house  or  building  in  said  township,  with 
about of  ground,  adjoining  lands  of ,  for  the  establish- 
ment and  support  of  Common  Schools  in  said  district,  according 

to  law,  for  the  term  of  — — ,  from  the day  of ,  at  the 

annual  rent  of ;  to  be  paid  in payments.   The  premises 


0 

PUBLIC  SCHOOLS.  W   *  291 

to  be  surrendered  at  the  expiration  of  said  term,  in  good  order — 
casualties  excepted.     In  witness,  &c. 

Sealed  and  delivered  in 
presence  of  us : 


Form  of  Agreement  between  School  Directors  and  Teacher. 

It  is  agreed  by  and  between ,  Teacher,  and ,  President 

of  the  Board  of  Directors  of  Common  Schools,  of district,  in 

county,  that  said shall,  under  the  supervision  and  ex- 
clusive direction  of  the  Board  of  Directors  of  said  district,  and 
their  successors,  teach  in  the  school  house,  or  building,  at  or  near 

,  for  the  term  of ,  at  and  for  the  compensation  of , 

to  be  paid ;  reserving  the  right  for  the  Board  of  Directors, 

for  the  time  being,  to  dismiss  said at  the  end  of  any  month 

[or  quarter]  of  said  term.  The  actual  possession  of  the  said  school 
house  and  building,  and  premises  before  mentioned,  to  remain 
and  be  considered  by  all  parties  as  remaining  and  being  at  all 
times  in  the  said  Board  of  Directors  and  their  successors.  In  wit- 
ness whereof,  we  have  hereunto  set  our  hands  and  seals,  on  the 

day  of A.  D. . 

Witness, 


*  Form  of  Certificate  to  a  Teacher. 

We,  the  undersigned,  members  of  the  Board  of  School  Directors 

of district,  county  of ,  do  certify  that  having  examined 

,  who  wishes  to  be  employed  as  a  teacher  in  said  district,  we 

have  found  him  [or her]  to  be  of  good  moral  character,  and  quali- 
fied to  teach  the  following  branches :  [here  name  the  branches.] 

Witness  our  hands,  this day  of A.  D. . 

(Signed,)  >  g^j^^^  Directors. 

*  This  Certificate  will  be  good  for  one  year  only.— jfSee  Supplement  of  1840.] 


292  RECEIPTS. 

RECEIPTS. 

Remarks. 

A  receipt  is  an  acknowledgment  in  writing,  that  the  party  giving 
the  same  has  received  from  the  person  therein  named,  the  money 
or  other  thing  therein  specified.  AUhough  expressed  to  be  in  full 
of  all  demands,  it  is  only  prima  facie  evidence  of  what  it  purports 
to  be,  and  upon  satisfactory  proof  be;ng  made  that  it  was  obtained 
by  fraud,  or  given  either  under  a  mistake  of  facts  or  an  ignorance 
of  law,  it  may  be  inquired  into  and  corrected,  in  a  court  of  law 
as  well  as  in  equity.  1  Pet.  C.  C.  R.  182 ;  3  S.  &  R.  355 ;  7  S. 
&  R.  309  ;  3  S.  &  R.  564,  589 ;  12  S.  &  R.  131 ;  1  Sid.  44 ;  1  Lev. 
43 ;  1  Saund.  285 ;  2  Lutw.  1173 ;  Co.  Lit.  373 ;  2  Stark.  C.  382  ; 
1  W.  C.  C.  R.  328;  2  Mason's  R.  541 ;  11  Mass.  27;  1  Johns. 
Cas.  145;  9  Johns.  R.  310;  8  Johns.  R.  389;  5  Johns.  R.  68;  4 
Har.  &  McH.  219  ;  3  do.  433  ;  2  Johns.  R.  378  ;  2  Johns.  R.  319. 
A  receipt  in  full,  given  with  a  full  knowledge  of  all  the  circum- 
stances, and  in  the  absence  of  fraud,  seems  to  be  conclusive.  1  Esp. 
C.  172  ;  Benson  vs.  Bennet,  1  Camp.  394.  A  receipt  on  the  back 
of  a  bill  of  exchange  is  prima  facie  evidence  of  payment  by  the 
acceptor.  Peake's  C.  25,  The  giving  of  a  receipt  does  not  ex- 
clude parol  evidence  of  payment.     4  Esp.  N.  P.  C.  214. 

In  Pennsylvania  it  has  been  held  that  a  receipt,  not  under  seal, 
to  one  of  several  joint  debtors,  for  his  proportion  of  the  debt,  dis- 
charges the  rest.     1  Rawle,  391. 

General  form  of  Receipt. 

Pittsburgh,  May  10,  1844. 
Received  from  Daniel  Stone,  the  sum  of  ninety-one  dollars,  in 
full  for  a  horse  sold  and  delivered  to  him.         JOHN  JONES. 

Receipt  for  Rent. 

Washington,  May  1)?,  1845. 

Received  from  Adam  Miller,  the  sum  of  thirty  dollars,  being 
the  amount  of  one  quarter's  rent  of  the  dwelling-house  by  me 
rented  to  him,  due  and  ending  the  first  ot  April  last. 

$30  DANIEL  DICK. 

Another. 

Carlisle,  April  1,  1845. 
Received  from  John  Jones,  the  sum  of  sixty  dollars,  being  the 
amount  of  one  quarter's  rent  of  the  dwelling-house  rented  by  me 


RECEIPTS.  293 

to  him,  as  per  agreement,  dated  the  first  day  of  April,  1844,  and 
in  full  of  all  demands.  CHARLES  SIMONS. 


AnothtVypaidhy  a  third  person. 

Philadelphia,  June  10,  1844. 

Received  from  William  Gilmore,  by  the  hand  of  George  Gil- 
more,  the  sum  of  one  hundred  dollars,  being  the  amount  of  one 
quarter's  rent  of  a  farm  near  Germantown,  due  and  ending  the 
first  day  of  April  last,  and  by  me  rented  to  William  Gilmore. 

lilOO  HENRY  CHASE. 

Receipt  for  Money  received  from  a  third  person. 

Chester,  January  20,  1845. 

Received  from  Silas  Morton,  by  the  hand  of  John  Price,  the 
sum  of  two  hundred  and  twenty-five  dollars,  in  full  for  sundry 
articles  of  merchandise,  bought  by  the  said  Silas  Morton  from  me. 

11225  •  SAMUEL  STEVENS. 

Receipt  for  Money  received  for  the  use  of  another. 

Beaver,  January  10,  1845. 

Received  from  Richard  Rush,  the  sum  of  one  hundred  and  sixty- 
two  dollars  and  twenty-five  cents,  in  full  for  work  done  by  Asa 
Brown  for  the  said  Richard  Rush.         WILLIAM  COOPER. 

jgl62  25 

Receipt  for  Money  received  in  part  of  a  Bond. 

,     Doylestown,  May  1,  1845. 

Received  from  Thomas  Brown,  the  sum  of  four  hundred  and 
fifty  dollars,  in  part  payment  of  a  larger  sum  due  me  on  bond,  by 
the  said  Thomas  Brown.  JAMES  MILES. 

|!450 

Receipt  for  Interest  due  on  Bond. 

Erie,  December  8,  1844. 

Received  from  Byron  Lewis,  the  sum  of  seventy-two  dollars, 
in  full  for  one  year's  interest  of  twelve  hundred  dollars,  due  to 
me  on  the  first  of  December  instant,  on  bond,  by  the  said  Byron 
Lewis.  HORATIO  ADAMS. 

$12 


294  RECEIPTS. 


Receipt  to  an  tB^dministrator. 

Lancaster,  May  1,  1844. 
Received  from  David  Hopkins,  administrator  of  the  estate  of 
Thomas  Nicholson,  late  of  Lancaster,  deceased,  the  sum  of  seventy- 
one  dollars,  in  full  for  a  debt  due  to  me  in  his  hfetime,  for  a  horse 
sold  and  delivered  to  the  said  deceased.         JOHN  MORRIS. 

Receipt  for  a  Promissory  Note. 

Erie,  May  10,  1845. 

Received  from  Richard  Lee,  his  promissory  note,  payable  to 
me,  or  order,  six  months  after  date,  for  two  hundred  and  thirty- 
three  dollars  and  thirty-three  cents,  for  certain  goods  bought  from 
me  by  the  said  Richard  Lee,  which  when  paid  will  be  in  full  of 
all  demands.  JAMES  OTIS. 

^233  33 

Receipt  for  an  Order  drawn  upon  a  third  Person. 

Harrishurg,  July  20,  1845. 
Received  from  Oliver  Prescott,  an  order  drawn  in  my  favour, 
upon  William  Jackson,  for  the  sum  of  eighty-five  dollars,  upon 
sight,  which,  when  paid,  will  be  in  full  of  all  demands  I  have 
against  the  said  Oliver  Prescott.  EDWARD  BURNS. 


Receipt  for  Writings  left  in  a  person's  hands. 

Newcastle,  May  10,  1844. 
Received  from  George  Clark,  two  several  deeds  or  conveyances; 
one  of  them  purporting  to  be  a  lease  of,  &c.,  and  made  between, 
&c.,  the  other  of  them  to  be  an  assignment  of  the  said  lease,  and 
made  between,  &c.,  for  which  several  deeds  of  writing,  I  hereby 
engage  to  be  accountable,  and  to  re-deliver  the  same  to  the  said 
George  Clark  on  demand.  Witness  my  hand  the  day  and  year 
aforesaid.  WILLIS  GREEN. 

Receipt  for  Grain  from  a  Miller. 

Fair  mount  Mill,  May  1,  1844. 
Received  from  Hiram  Newman,  seventy-five  bushels  good 
wheat,  fifteen  bushels  rye,  and  twenty  bushels  Indian  corn,  which 
I  engage  severally  to  deliver  to  his  order,  as  he  may  want  them. 

WILLIAM  MILLER. 


RECEIPTS.  295 


Receipt  for  Cattle^  or  Horses  put  out  to  fVinter. 

Mercer,  November  29,  1844. 
Received  from  Daniel  Warner,  eight  head  of  horned  cattle, 
viz.,  four  cows  and  four  young  oxen,  [or  horses,  sheep,  swine,  as 
the  case  may  be,]  whicli  I  promise  to  keep  through  the  winter, 
and  feed  them  with  good  hay,  &c.,  and  return  them  on  the  first- 
day  of  May  next,  casualties  excepted,  in  good  condition,  he  pay- 
ing me  five  dollars  each  for  the  same.     Witness  my  hand. 

JACOB  STONE. 


Receipt  for  Lading. 

Philadelphia,  December  28,  1844. 
Received  from  Edward  Livingston,  on  my  wagon,  the  follow- 
ing goods,  marked,  numbered,  and  weighing  as  follows,  viz. : 
E.  L.  No.  1.  Tierce,  weighing  400  pounds. 
"        2.  one  hogshead        890      do. 
«         3.  one         do.  845      do. 

«         4.  one  bale  375      do. 

«         5,  6  &  7.  three  kegs     58      do. 
"        8.  one  barrel  180      do. 


2748  pounds. 

All  in  good  order  and  well  conditioned,  with  which  load  I  pro- 
mise to  proceed  without  delay,  or  unnecessary  detention,  to  the 
city  of  Pittsburgh,  and  deliver  them  in  the  same  good  order  and 
condition,  unto  the  said  Edward  Livingston,  or  to  his  order,  for 
which  he  is  to  pay  me  the  sum  of  four  dollars  for  each  hundred 
pounds,  the  one  fourth  thereof  he  is  to  pay  me  before  my  depar- 
ture from  Philadelphia,  and  the  other  three-fourths  on  the  deli- 
very of  said  goods  at  Pittsburgh,  as  aforesaid.  In  witness  whereof, 
I  have  signed  two  receipts  of  the  same  tenour  and  date,  the  one 
satisfied,  the  other  to  be  void.  JOSIAH  WAGNER. 


Receipt  upon  the  above. 

Received  of  Edward  Livingston,  the  sum  of  twenty-seven  dol- 
lars and  forty-eight  cents,  being  the  one-fourth  part  of  the  freight 
within-mentioned.  JOSIAH  WAGNER. 

^27  48 


'^'mmr-' 


*i- 


296  RECITALS. 

Receipt  for  a  Legacy. 

York  J  January  21,  1845. 
Received  of  George  Wolf,  executor  of  the  last  will  and  testa- 
ment of  Robert  Findlay,  deceased,  the  sum  of  one  thousand  dol- 
lars in  full,  of  a  legacy  bequeathed  to  me  by  the  said  deceased. 
^1000  WILLIAM  FINDLAY. 

(J^  A  refunding  bond  sometimes  accompanies  a  receipt  for  a 
legacy,  for  which  see  "  Indemnifying  Bond  to  Executor  on  pay- 
ment of  a  legacy." 

Receipt  for  Boarding. 

Received  of  William  Burns,  guardian  of  John  Andrews,  one 
of  the  minor  children  and  heirs  of  Enos  Andrews,  deceased,  the 
sum  of  twenty  dollars  in  full,  for  boarding  the  said  John  Andrews 
from  the  first  day  of  May,  until  the  first  day  of  August,  A.  D. 
1844.  GEORGE  SNYDER. 

Boston,  August  1,  1844. 

Receipt  for  Money  at  coming  of  *^ge. 

Easton,  May  10,  1845. 
Received  of  William  Bums,  my  late  guardian,  the  sum  of  one 
hundred  dollars,  being  in  part  [or  in  full,  as  the  case  may  be,]  of 
my  proportion  of  the  estate  of  my  late  father,  Enos  Andrews. 

JOHN  ANDREWS. 
j^lOO 

Receipt  for  a  Legacy. 

Easton,  May  10^  1845. 

Received  of  William  Burns,  my  late  guardian,  the  sum  of  two 
hundred  dollars,  being  in  full  of  a  legacy  bequeathed  to  me  in  the 
will  of  my  late  uncle,  Thomas  Andrews,  deceased. 

JOHN  ANDREWS. 

^200 


RECITALS. 

Remarks. 

A  recital  is  the  repetition  of  some  former  writing,  or  the  state- 
ment of  something  which  has  been  done.  Touchst.  76.  Recitals 
are  used  to  explain  those  matters  of  fact  which  are  necessary  to 


RECITALS.  297 

make  the  transaction  intelligible.  2  Bl.  Com.  298.  In  preparing 
deeds,  it  is  frequently  necessary  to  recite  certain  matters  connected 
with  the  titles ;  for  the  purpose  of  explaining  the  object  and  ex- 
tent of  the  conveyance. 

Recital  of  Title  by  Patent. 

Whereas  the  commonwealth  (or  the  honourable  John  Penn, 
&c.,  late  proprietaries)  of  Pennsylvania,  by  patent  or  grant  under 
the  great  seal,  bearing  date  the  first  day  of  January,  Anno  Do- 
mini one  thousand  seven  hundred  and  sixty-eight,  for  the  consi- 
deration therein  mentioned,  did  grant  and  confirm  unto  A.  B.,  and 
to  his  heirs  and  assigns,  a  certain  tract  of  land,  situate  in  the 
township  of  Moyamensing,  in  the  county  of  Philadelphia  afore- 
said, by  marks  and  bounds  in  the  same  marks  particularly  de- 
scribed, containing  one  hundred  acres  and  the  allowance  of  six 
per  cent,  for  roads,  &c.,  with  the  appurtenances :  To  hold  the 
same  to  him,  his  heirs  and  assigns  forever,  as  in  and  by  the  said 
recited  patent,  (recorded  in  the  Land  Office,  in  Patent  Book  B., 
vol.  4,  page  1 1 9,)  relation  being  thereunto  had,  more  fully  and  at 
large  appears. 

Recital  of  Title  by  Grant. 

And  whereas  the  said  A.  B.,  by  indenture,  under  his  hand  and 
seal,  bearing  date  the  tenCh  day  of  April,  Anno  Domini  one  thou- 
sand seven  hundred  and  seventy-three,  for  the  consideration 
therein-mentioned,  did  grant  and  confirm  unto  C.  D.,  and  to 
his  heirs  and  assigns,  all  that  tract  or  piece  of  land,  (part  of  the 
said  above-mentioned  tract,)  bounded  and  described  as  follows,  to 
wit :  Beginning,  &c.,  containing  two  hundred  acres,  and  allow- 
ance aforesaid,  with  the  appurtenances :  To  hold  the  same  to  him, 
his  heirs  and  assigns,  forever,  as  in  and  by  the  said  recited  inden- 
ture (recorded  at  Harrisburg,)  &c.,  relation  being  thereunto  had, 
appears. 

Recital  of  Title  by  Devise. 

Whereas  'by  force  and  virtue  of  which  said  recited  indenture, 
or  of  some  o.ther  good  conveyances  or  assurances  in  the  law  duly 
had  and  executed,  the  said  C.  D.  became  in  his  lifetime  lawfully 
seised  in  his  demesne  as  of  fee,  of  and  in  the  said  tract  of  fifty 
acres  of  land,  with  the  appurtenances  ;  and  being  so  thereof  seised 
made  his  last -will  and  testament  in  writing,  bearing  date  the  tenth 
day  of  Decern^,  Anno  Domini  one  thousand  eight  hundred  and 
twenty-two,  wherein  and  whereby  (amongst  other  things)  he  did 
give  and  devise  the  said  tract  of  land  unto  his  son  C.  D.,  and  his 
heirs,  as  in  and  by  the  said  recited  will,  (since  his  decease  duly 


298  RECITALS. 

proved,  and  remaining  in  the  register's  office  at  Reading,)  recourse 
being  thereunto  had,  appears. 


Recital  of  Title  by  Descent. 

By  force  and  virtue  of  which  said  recited  indenture,  or  of  some 
other  good  conveyances  or  assurances  in  the  law  duly  had  and 
executed,  the  said  A.  B.  became,  in  his  Ufetime,  lawfully  seised 
in  his  demesne,  as  of  fee,  of  and  in  the  said  tract  of  land,  with 
the  appurtenances,  and  being  so  thereof  seised,  died  intestate, 
leaving  issue  four  children,  to  wit :  John,  James,  Mary  (the  wife 
of  I.  S.,)  and  Thomas,  to  whom  the  same,  by  the  laws  of  Penn- 
sylvania relating  to  intestates,  did  descend  and  come. 

Recital  of  Title  by  Sheriff. 

And  whereas  I.  S.,  High  Sheriff  of  the  County  of  Berks  afore- 
said, by  deed  poll,  under  his  hand  and  seal,  bearing  date  the  first 
day  of  October,  one  thousand  seven  hundred  and  ninety-two,  for 
the  consideration  therein  mentioned,  did,  by  virtue  of  a  certain 
writ  of  venditioni  exponas,  therein  recited,  grant  and  confirm 
unto  C.  D.,  and  to  his  heirs  and  assigns,  all  that  the  said  messuage 
or  tenement  and  tract  of  land,  containing  fifty  acres,  late  the  estate 
of  the  said  A.  B.,  with  the  appurtenances :  To  hold  the  same  to 
the  said  CD.,  his  heirs  and  assigns,  forever,  according  to  the  act 
of  General  Assembly  in  such  case  made  and  provided,  as  by  the 
said  recited!  deed  poll,  duly  acknowledged,  and  entered  among  the 
records  of  the  Court  of  Common  Pleas  of  the  said  county,  rela- 
tion being  thereunto  had,  appears. 

Recital  of  Title  by  Attorney. 

And  whereas  the  said  C.  D.  by  his  attorney,  E.  F.,  (by  letter 
of  attorney,  under  the  hand  and  seal  of  the  said  C.  D.,  bearing 
date  the  tenth  day  of  December,  one  thousand  eight  hundred  and 
thirty,  lawfully  constituted,)  did,  by  indenture,  bearing  date  the 
first  day  of  May,  Anno  Domini  one  thousand  eight  hundred  and 
thirty-one,  for  the  consideration  therein  mentioned,  grant  and  con- 
firm unto  G.  H.,  and  to  his  heirs  and  assigns,  all  that  messuage  or 
tenement,  plantation  and  tract  of  sixty  acres  of  land,  with  the 
appurtenances :  To  hold  the  same  to  him,  his  heirs  and  assigns, 
forever,  as  in  and  by  the  said  last  recited  indenture,  (recorded  in 
the  office  for  the  recording  of  deeds  at  Reading  aforesaid,  in  book 
A.,  volume  10,  page  104,  &c.,)  relation  being  thereunto  had,  ap- 
pears. 


RECITALS.  2S>9 


Recital  of  Title  by  Executors. 

And  whereas  the  said  M.  R.  and  E.  R.,  executors  of  the  testa- 
ment and  last  will  of  the  said  I.  R.,  deceased,  by  virtue  of  the  power 
and  authority  to  them  given  by  the  said  will,  and  pursuant  to  the 
directions  thereof,  did,  by  indenture,  under  their  hands  and  seals, 
bearing  date  the  tenth  day  of  November,  one  thousand  eight  hun- 
dred and  twenty -two,  for  the  consideration  therein  mentioned, 
grant  and  confirm  unto  E.  F.,  and  to  his  heirs  and  assigns,  all  that 
the  said  messuage  or  tenement  and  tract  of  one  hundred  acres  of 
land,  with  the  appurtenances :  To  hold  the  same  to  him,  his  heirs 
and  assigns,  forever,  as  in  and  by  the  said  recited  indenture  (re- 
corded at,  &c.,)  relation  being  thereunto  had,  appears. 


Recital  of  Title  by  Administratrix. 

And  whereas  C.  B.,  administratrix  of  all  and  singular  the  goods 
and  chattels,  rights  and  credits,  which  were  of  the  said  A.  B.  at 
the  time  of  his  death,  who  died  intestate,  (by  virtue  and  in  pur- 
suance of  an  order  of  the  Orphans'  Court  of  the  said  county  of 
Berks,  for  the  sale  of  the  real  estate  of  the  said  intestate,)  by  in- 
denture, under  her  hand  and  seal,  bearing  date  the  firgt  day  of 
April,  one  thousand  eight  hundred  and  nineteen,  for  the  consi- 
deration therein  mentioned,  did  grant  and  confirm  unto  F.  G., 
and  to  his  heirs  and  assigns,  all  that  the  said  above-mentioned 
and  described  tract  of  fifty  acres,  and  allowance,  aforesaid,  with 
the  appurtenances :  To  hold  the  same  to  him,  his  heirs  and  as- 
signs, forever,  as  in  and  by  the  said  last-recited  indenture,  (recorded 
at  Reading  aforesaid,  &c.,)  relation  being  thereunto  had,  appears. 


Recital  of  Title  partition  by  Writ. 

And  whereas,  by  virtue  of  a  certain  writ  de  partitionefaciendi, 
issuing  out  of  the  County  Court  of  Common  Pleas  of  the  county 
of  Berks  aforesaid,  bearing  date  the  tenth  day  of  January,  one 
thousand  eight  hundred  and  forty,  for  partition  of  the  said  tract 
of  land,  with  the  appurtenances,  there  was  duly  allotted  and  as- 
signed unto  the  said  G.  H.,  a  certain  piece  or  parcel  of  land  [part 
of  the  said  tract,]  bounded  and  described  as  follows,  viz :  begin- 
ning at  a  post,  &c.,  containing  one  hundred  acres,  and  allowance 
aforesaid,  with  the  appurtenances :  To  hold  the  same  to  him,  the 
said  G.  H.,  his  heirs  and  assigns,  in  severalty  forever,  as  by  the 
said  writ  de  partitione  faciendi,  and  return  of  the  sheriff  there- 
upon duly  made,  and  remaining  amongst  the  records  and  proceed- 
ings of  the  said  court  of  the  term  of  September,  one  thousand 
eight  hundred  and  forty,  recourse  being  thereunto  had,  appears. 


300  RECITALS. 

Recital  of  Title  partition  by  Deed. 

And  whereas,  by  indenture  of  partitions  between  the  said  A.  B. 
of  the  one  part,  and  the  said  G.  H.  of  the  other  part,  made,  bear- 
ing date  the  second  day  of  September,  Anno  Domini  one  thousand 
eight  hundred  and  twenty-eight,  partition  of  the  said  messuage, 
&c.,  with  the  appurtenances,  was  made  between  the  said  parties, 
wherein  and  whereby  the  piece  or  parcel  thereof,  bounded  and 
Umited  as  follows,  to  wit :  Beginning,  &c.,  containing  five  hun- 
dred acres  and  allowance  aforesaid,  was  released  and  confirmed 
to  the  said  G.  H.,  his  heirs  and  assigns :  To  hold  to  him,  the  said 
G.  H.,  his  heirs  and  assigns,  in  severalty  for  ever,  as  in  and  by 
the  said  indenture  of  partition,  (recorded  at  ^Philadelphia,  &c.,) 
relation  being  thereunto  had,  appears. 

Recital  of  Sale  by  Order  of  Orphans^  Court. 

And  whereas  at  an  Orphans'  Court  held  at  Reading,  in  and  for 
the  county  of  Berks,  the  tenth  day  of  November,  one  thousand 
eight  hundred  and  twenty-five,  upon  the  petition  of  C.  B.,  admi- 
nistratrix of  all  and  singular  the  goods  and  chattels,  rights  and 
credits,  which  were  of  the  said  A.  B.  at  the  time  of  his  death,  who 
died  intestate,  praying  the  court  to  grant  her  an  order  to  make 
sale  of*  the  said  messuage  and  tract  of  land,  for  the  payment  of 
the  debts,  and  maintenance  and  education  of  the  minor  children 
of  the  said  intestate,  it  was  ordered  by  the  said  court,  that  the  said 
petitioner  should,  on  Monday,  the  first  day  of  December  then 
next,  expose  the  premises  aforesaid  to  sale,  by  public  vendue  or 
outcry,  and  sell  the  same  for  the  purposes  aforesaid,  and  that  she 
should  make  report  of  her  proceedings  therein  to  the  next  Orphans' 
Court,  to  be  held  for  the  said  county,  after  such  sale.  In  pursu- 
ance of  which  order,  the  said  C.  B.  (after  due  public  and  timely 
notice  by  her  given  of  the  time  and  place  of  sale)  did,  on  the  day 
and  time  therein  mentioned,  expose  the  premises  aforesaid  to  sale, 
by  public  vendue  or  outcry,  and  sold  the  same  to  the  said  E.  F. 
for  the  sum  of  one  thousand  dollars ;  he  being  the  highest  bidder, 
and  that  the  highest  and  best  price  bidden  for  the  same  ;  which 
sale,  on  report  thereof  made  to  the  justices  of  the  said  court,  the 
tenth  day  of  January  last,  was  confirmed  by  the  said  Court ;  and 
it  was  considered  and  adjudged  by  the  said  court,  that  the  same 
should  be  and  remain  firm  and  stable  forever,  as  by  the  records 
and  proceedings  of  the  said  court,  relation  being  thereunto  had, 
appears. 

■  *l* 
SHORT  FORMS. 

Recital  of  Title  by  Deed. 

It  being  the  same  premises  (or  part  of  the  same)  which  E.  F. 
and  M.  his  wife,  by  indenture  bearing  date  the  first  day  of  April, 


RECITALS.  ^      301 

Anno  Domini  one  thousand  eight  hundred  and  sixteen,  for  the 
consideration  therein  mentioned,  did  grant  and  confirm  unto  the 
said  A.  B.,  (party  hereto,)  and  to  his  heirs  and  assigns  forever,  as 
in  and  by  the  said  in  part  recited  indenture,  recorded  in  the  office 
for  recording  of  deeds  at  Reading,  in  and  for  the  county  of  Berks, 
in  Book  A.  vol.  15,  page  224,  &c.,  relation  being  thereunto  had, 
more  fully  and  at  large  appears. 

Recital  of  Title  by  JVill. 

It  being  the  same  lot  of  ground  which  H.  H.,  late  of  the  town- 
ship of  Blockley  and  county  aforesaid,  farmer,  deceased,  in  and 
by  his  last  will  and  testament,  in  writing,  bearing  date  the  tenth 
day  of  July,  Anno  Domini  one  thousand  eight  hundred  and  six- 
teen, did  give  and  devise  unto  the  said  A.  B.  (party  hereto)  in 
fee,  as  in  and  by  the  said  recited  will,  since  his  decease  duly 
proved,  and  remaining  in  the  Register's  office  at  Philadelphia, 
recourse  being  thereunto  had,  more  fully  and  at  large  appears. 


■*§^  Recital  of  Title  by  Deed  and  Will. 

It  being  the  same  premises  which  T.  V.  and  M.,  his  wife,  by 
indenture  bearing  date  the  first  day  of  June,  Anno  Domini  one 
thousand  eight  hundred  and  sixteen,  for  the  consideration  therein 
mentioned,  did  grant  and  confirm  unto  C.  B.,  and  to  his  heirs  and 
assigns,  as  in  and  by  the  said  in  part  recited  indenture,  (recorded, 
&c.,)  relation  being  thereunto  had,  appears.  And  the  said  C.  B., 
being  so  thereof,  in  his  lifetime,  lawfully  seised  in  his  demesne,  as 
of  fee  of  and  in  the  said  premises,  made  his  last  will  and  testa- 
ment in  writing,  bearing  date  the  tenth  day  of  July,  Anno  Domini 
one  thousand  eight  hundred  and  sixteen,  wherein  and  whereby 
(amongst  other  things)  he  did  give  and  devise  the  same  unto  his 
son  A.  B  (party  hereto)  in  fee,  as  in  and  by  the  said  recited  will, 
(since  his  decease  duly  proved,  and  remaining  in  the  register's 
office  at  Philadelphia,)  recourse  being  thereunto  had,  appears. 


Recital  of  Estate  of  an  Intestate^  conveyed  by  the  Heirs. 

It  being  the  same  tract  of  land  which  the  Commonwealth  of 
Pennsylvania,  by  patent,  bearing  date  the  seventh  day  of  March, 
1788,  (enrolled  in  the  Rolls  Office  for  the  state  of  Pennsylvania, 
in  Patent  Book  No.  12,  page  53,  &c.,)  for  the  consideration  therein 
mentionSii,  did  grant  and  confirm  unto  K.  E.  in  fee,  who  being 
thereof  lawfully  seised,  died  intestate,  leaving  issue  E.  E,  and  N., 
intermarried  with  N.  S.,  to  whom  the  same,  by  the  laws  of  Penn- 
sylvania, did  descend  and  come.  And  the  said  E.  E.  and  N.  S., 
and  N.  his  wife,  by  their  joint  indenture,  bearing  date  the  twenty- 
2a 


302      -  RELEASE. 

fourth  day  of  April,  one  thousand  eight  hundred  and  four,  for  the 
consideration  therein  mentioned,  did  grant  and  confirm  the  same 
unto  the  said  A.  B.  (party  hereto)  in  fee,  as  in  and  by  the  said 
indenture,  (recorded,  or  intended  to  be  recorded,  &c.,)  relation 
being  thereunto  had,  appears. 

Same,  valued  by  Order  of  Court,  and  accepted  by  one  of  the 

Heirs. 

It  being  the  same  premises  of  which  A.  B.  died  intestate,  and 
upon  which,  on  due  application  to  the  Orphans'  Court  of  Berks 
county,  an  order  was  granted  by  the  said  court,  whereupon  the 
said  premises  were  duly  valued  and  appraised,  and  by  the  said 
court  adjudged  and  confirmed  unto  the  said  L.  K.,  son-in-law  [or 
eldest  son]  of  the  said  deceased.  To  hold  the  same  to  the  said 
L.  K.  and  to  his  heirs  and  assigns  forever,  as  in  and  by  an  exem- 
plification of  the  records  of  the  said  court,  dated  at  Reading,  the 
seventh  day  of  April,  Anno  Domini  one  thousand  eight  hundred 
»i'    and  thirty-two,  relation  being  thereunto  had,  appears. 


Recital  of  THtle  by  Sheriff. 

It  being  the  same  lot  of  ground,  No.  250,  which  E  F.,  High 
Sherifi"  of  the  county  of  Berks,  by  deed  poll,  under  his  hand  and 
seal,  bearing  date  the  fifth  day  of  November,  Anno  Domini  one 
thousand  eight  hundred  and  thirty-one,  for  the  consideration 
therein  mentioned,  did,  (as  late  the  estate  of  S.  E.)  grant  and  con- 
firm unto  the  said  K.  L.,  party  hereto,  in  fee,  as  in  and  by  the 
said  deed  poll  entered  among  the  records  of  the  Court  of  Common 
Pleas  of  Berks  county,  (and  recorded  in  the  Recording  Office  at 
Reading,  &c.,)  relation  being  thereunto  had,  appears. 


RELEASE. 

Remarks. 

Releases  are  of  two  kinds.  1st.  Such  as  give  up,  discharge, 
or  abandon  a  right  of  action.  2d.  Such  as  convey  a  man's  inte- 
rest or  right  to  another,  who  has  possession  of  it,  or  some  estate 
in  the  same.  Touch.  320 ;  Litt.  sec.  444.  The  words  generally 
used  in  such  conveyance,  are,  "remised,  released,  and  forever 
quit  claimed."  Litt.  sec,  445.  Releases  of  land  are  also,  in  re- 
spect of  their  operation,  divided  into  four  sorts.  IslPkeleases 
that  inure  by  way  of  passing  the  estate.  2d.  Releases  that  inure 
by  way  of  passing  the  right.  3d.  Releases  that  inure  by  enlarge- 
ment of  the  estate  :  and  4th.  Releases  that  inure  by  way  of  ex- 
tinguishment. 


/^ 


RELEASE.  ,       303 


Release  to  an  Executor. 

Know  all  men  by  these  presents :  That  we,  Henry  Benson,  of, 
&c.,  and  Mary,  his  wife,  late  Mary  Miles,  one  of  the  daughters 
and  legatees  named  in  the  will  of  William  Miles,  late  of,  &c.,  de- 
ceased, do  hereby  acknowledge,  that  we  have  this  day  had  and 
received  of  and  from  David  Jones,  executor  of  the  last  will  and 
testament  of  the  said  William  Miles,  deceased,  the  sum  of  three 
thousand  dollars,  in  full  satisfaction  and  payment  of  all  such  sum 
or  sums  of  money,  legacies  and  bequests  as  are  given  and  be- 
queathed to  the  said  Mary,  by  the  last  will  and  testament  afore- 
said, and  all  interest  accrued  thereon. 

And  therefore,  the  said  Henry  Benson  and  Mary,  his  wife,  do 
by  these  presents,  release,  acquit,  and  forevet  discharge  the  said 
David  Jones,  his  heirs,  executors  and  administrators,  of  and  from 
the  said  legacy  or  legacies,  and  of  and  from  all  actions,  suits,  pay- 
ments, accounts,  reckonings,  claims  and  demands  whatsoever,  for 
or  by  reason  thereof,  or  of  any  other  act,  matter,  cause  or  thing 
whatsoever,  from  the  beginning  of  the  world  to  the  day  of  the 
date  of  these  presents.     In  witness,  &c. 


Release  to  an  Administrator. 

Know  all  men  by  these  presents :  That  I,  Samuel  Wells,  of, 
&c.,  one  of  the  sons  of  Henry  Williams,  late  of  the  township  of 
Blockley,  in  the  county  of  Philadelphia  and  state  of  Pennsylvania, 
deceased,  who  died  intestate, do  hereby  acknowledge, that  I  this  day 
have  had  and  received  of  and  from  Thomas  Robinson,  adminis- 
trator of  the  estate  of  the  said  Henry  Williams,  deceased,  the  sum 
of  two  hundred  dollars,  in  full  satisfaction  and  payment  of  all  such 
sum  or  sums  of  money,  share  or  shares,  purparts  and  dividends, 
which  were  due,  owing,  payable  and  belonging  to  me,  by  any 
means  whatsoever,  for  or  on  account  of  my  full  share,  part,  or 
dividend  of  the  real  and  personal  [or  personal,  as  the  case  may 
be]  estate  of  my  said  father  deceased.  And  therefore  I,  the  said 
Samuel  Wells,  do  by  these  presents,  release,  acquit,  and  forever 
discharge  the  said  Thomas  Robinson,  his  heirs,  executors  and  ad- 
ministrators, of  and  from  the  said  share  or  dividend  of  the  estate 
aforesaid,  and  of  and  from  all  actions,  suits,  payments,  accounts, 
reckonings,  claims  and  demands  whatsoever,  for  or  by  reason 
thereof,  or  of  any  other  act,  matter,  cause  or  thing  whatsoever, 
from  the  beginning  of  the  world  to  the  day  of  the  date  of  these 
presents.     In  witness,  &c. 


^04  RELEASE. 


Release  to  Guardian. 

Know  all  men  by  these  presents:  That  I,  D.  E  ,  of,  &c.,  spin- 
ster, having  attained  the  age  of  twenty-one  years,  do  hereby  ac- 
knowledge, that  I  this  day  have  had  and  received,  of  and  from 
E.  E.,  ray  guardian,  duly  appointed  by  the  Orphans'  Court  of  the 
said  county  of  Philadel[)hia,  the  sum  of  five  hundred  dollars,  to- 
gether with  the  bond  to  him  given  by  my  brother,  J.  S.,  and  his 
sureties,  agreeably  to  the  order  of  the  said  court,  in  full  satisfac- 
tion and  payment  of  my  share  of  the  estate,  real  and  personal,  of 
my  late  father,  W.  S.,  deceased,  and  therefore  I  do,  by  these  pre- 
sents, release,  acquit  and  forever  discharge  the  said  E.  E.,  his 
heirs,  executors  and  administrators,  of  and  from  the  said  guar- 
dianship, and  of  and  from  the  said  legacy  or  legacies,  and  of  and 
from  all  actions,  suits,  payments,  accounts,  reckonings,  claims  and 
demands  whatsoever,  for  or  by  reason  thereof,  or  of  any  other 
act,  matter,  cause  or  thing  whatsoever,  from  the  beginning  of  the 
world  to  the  day  of  the  date  of  these  presents.     In  witness,  &c. 

Release  to  the  Father  of  a  Bastard. 

Know  all  men  by  these  presents :  That  whereas  A.  B.,  of,  &c., 
spinster,  has  lately  been  delivered  of  a  male  bastard  child,  [or  is 
now  pregnant  with  child,  as  the  case  may  be,]  in  said  township, 
and  has  charged  C.  D.,  of  the  same  place,  with  being  the  father 
thereof;  and  whereas  the  said  A.  B.  has  this  day  agreed  with  the 
said  C.  D.  to  take  the  sum  of  one  hundred  dollars,  in  full  satisfac- 
tion, for  the  lying-in  expenses,  maintenance,  educating  and  bring- 
ing up  the  said  child:  Therefore  know  ye,  that  the  said  A.  B.,  for 
and  in  consideration  of  the  said  sum  of  one  hundred  dollars,  law- 
ful money  of  the  United  States,  to  her  in  hand  paid  by  the  said 
C.  D.,  at  and  before  the  ensealing  and  delivering  hereof,  the  receipt 
whereof  is  hereby  acknowledged,  hath  remised,  released,  acquitted 
and  forever  discharged,  and  by  these  presents,  doth  remise,  release, 
acquit  and  forever  discharge,  the  said  C,  D.,  his  heirs,  executors 
and  administrators,  of  and  from  all  manner  of  criminal  and  civil 
action  or  actions,  now  brought,  or  hereafter  to  be  brought,  against 
him,  and  also,  of  and  from  all  debts,  payments,  accounts,  claims  and 
demands  whatsoever,  the  said  A.  B.  ever  had,  now  hath,  or  here- 
after shall  or  may  have,  against  the  said  C.  D.,  his  heirs,  exe- 
cutors and  administrators,  for  or  on  account  of  the  birth,  mainte- 
nance, educating  and  bringing  up  the  said  child ;  or  for,  or  by 
reason  of  any  matter,  cause  or  thing  whatsoever,  touching  or  con- 
cerning the  same.     In  witness,  &c. 

[If  surety  be  given  for  the  due  observance  of  the  covenants,  in 
the  above-mentioned  release,  then  add  the  following :] 


RELEASE.  305^ 

And  further,  for  the  true  observance  of  the  covenants  aforesaid, 
the  said  A.  B.  and  her  friend  E.  F.,  do  hereby  bind  themselves, 
their  heirs,  executors  and  administrators,  and  every  of  them,  unto 
the  said  C.  D.,  his  executors,  administrators  or  assigns,  in  the  penal 
sum  of  three  hundred  dollars,  lawful  money  as  aforesaid :  Upon 
condition,  that  the  said  A.  B.  shall  and  do,  in  all  things,  well  and 
truly  observe,  fulfil  and  keep,  the  covenants  aforesaid,  which  on 
her  part  and  behalf  are  to  be  observed  and  kept,  according  to  the 
true  intent  and  meaning  of  the  same,  as  mentioned  in  the  above- 
written  release,  then  this  obligation  to  be  void,  or  else  to  be  and 
remain  in  full  force  and  virtue.     In  witness,  &c. 


Release  of  all  Demands. 

Know  all  men  by  these  presents,  That  I,  A.  B.,  of,  &c.,  as  well 
for  and  in  consideration  of  the  sum  of  one  dollar,  to  me  in  hand 
paid  by  C.  D.,  of,  &c.,  at  and  before  the  sealing  and  delivering 
hereof,  the  receipt  whereof  I  do  hereby  acknowledge,  as  for 
divers  other  good  causes  and  valuable  considerations,  me  thereto 
specially  moving,  have  remised,  released,  quit-claimed,  and  for- 
ever discharged,  and  by  these  presents,  for  me,  my  heirs,  execu- 
tors and  administrators,  do  remise,  release,  quit-claim  and  forever 
discharge  the  said  C.  D.,  his  heirs,  executors  and  administrators, 
and  every  of  them,  of  and  from  all,  and  all  manner  of  action  and 
actions,  cause  and  causes  of  action  and  actions,  suits,  debts,  dues, 
duties,  sum  and  sums  of  money,  accounts,  reckonings,  bonds,  bills, 
specialties,  covenants,  contracts,  agreements,  promises,  variances, 
damages,  judgments,  extents,  executions,  claims  and  demands, 
whatsoever,  in  law  or  equity ;  or  otherwise,  howsoever,  which 
against  the  said  C.  D.  I  ever  had,  now  have,  or  which  I,  my  heirs, 
executors  or  administrators  hereafter  can,  shall  or  may  have,  for, 
upon  or  by  reason  of  any  matter,  cause  or  thing  whatsoever,  from 
the  beginning  of  the  world,  to  the  day  of  the  date  of  these  pre- 
sents.    In  witness  whereof,  &c. 


Release  upon  a  Mortgage.  tt^  ' 

Whereas  A.  B.,  by  indenture  of  mortgage,  dated  the  first  day 
of  January,  A.  D.  1844,  recorded  at  Reading,  in  Mortgage-book 
B.,  page  263,  did  grant  in  mortgage  to  me,  C.  D.,  of  Amity  town- 
ship, Berks  County,  to  secure  the  payment  of  the  sum  of  one  thou- 
sand nine  hundred  dollars,  with  interest,  a  certain  messuage,  tene- 
ment, &c.  [Here  describe  the  premises  as  set  forth  in  the 
mortgage.]  And  the  said  A.  B.,  being  desirous  of  having  his  said 
messuage  and  lot  relieved  from  the  operation  of  said  mortgage: 

Now,  I,  the  said  C.  D.,  in  consideration  of  the  premises,  and  of 
the  sum  of  one  dollar,  to  me  in  hand  paid,  by  the  said  A.  B.,  the 

2a* 


306  RELEASE. 

receipt  whereof  I  do  hereby  acknowledge,  have,  and  hereby  do, 
for  myself,  my  executors,  administrators  and  assigns,  covenant, 
promise  and  agree  with  the  said  A.  B.,  his  heirs  and  assigns,  that 
no  execution,  or  other  final  process,  or  proceeding  in  law,  shall 
be  sued,  levied,  taken  or  executed  by  me,  my  heirs,  executors, 
administrators  or  assigns,  by  virtue  of  the  said  mortgage,  on, 
for  or  against  the  messuage  and  lot,  conveyed  by  the  said  A.  B., 
to  me,  the  said  C.  D.,  as  above  recited ;  and,  by  these  presents, 
do  remise,  release  and  for  ever  quit  claim,  unto  the  said  A.  B.,  his 
heirs,  executors,  administrators  or  assigns,  the  aforesaid  described 
premises. 

In  testimony  whereof,  the  said  C.  D.  hath  hereunto  set  his  hand 

and  seal,  the day  of ,  one  thousand  eight  hundred  and 

forty -four. 

Signed,  sealed  and  delivered  ) 

in  the  presence  of  5 


CD. 


The day  of ,  A.  D.  1844,  before  me,  one  of  the  jus- 
tices of  the  peace  in  and  for  Berks  county,  came  the  above  [or 
within]  named  C.  D.,  and  acknowledged  the  above  [or  within] 
instrument  of  writing,  to  be  his  act  and  deed,  and  desires  that  the 
same  may  be  recorded  as  such,  according  to  law.  Witness  my 
hand  and  seal. 


CD. 


JRelease  between  Copartners  or  Traders  on  settling  Accounts. 

Whereas  sundry  accounts  current,  and  otherwise,  and  divers 
dealings  in  trade,  have  been  subsisting  and  depending,  for  many 
years  last  past,  between  A.  B.,  of  the  borough  of  Reading,  in  the 
county  of  Berks,  and  State  of  Pennsylvania,  and  C  D ,  late  of 
the  borough  aforesaid,  but  now  of  the  city  of  Philadelphia,  which 
said  accounts  and  dealings  they  have  balanced  and  adjusted  ;  by 
which  it  appears  that  nothing  remains  due  from  one  to  the  other  ; 
therefore,  to  prevent  any  further  disputes,  touching  and  concern- 
ing such  accounts  and  dealings,  and  to  ascertain  and  confirm  such 
balance  and  adjustment,  they,  the  said  A.  B.  and  C  D.,  have 
mutually  agreed  to  give  and  execute  reciprocal  releases  to  each 

her. 

Now  know  all  men  by  these  presents,  that  he,  the  said  A.  B., 
for  the  considerations  aforesaid,  and  to  prevent  all  future  dis- 


RELEASE.  307 

putes,  for  himself,  his  heirs,  executors  and  administrators,  hath 
remised,  released,  and  for  ever  quit  claimed,  and  by  these  pre- 
sents, doth  remise,  release,  and  for  ever  quit  claim,  unto  the  said 
C.  D.,  his  heirs,  executors  and  administrators,  all  and  all  manner 
of  actions,  causes  of  action,  suits,  debts,  dues,  sums  of  money,  ac- 
counts, reckonings,  bonds,  specialties,  covenants,  contracts,  contro- 
versies, agreements,  promises,  variances,  damages,  judgments,  ex- 
tents, executions,  claims  and  demands,  whatsoever,  iDoth  at  law  and 
in  equity,  which  against  the  said  C.  D.,  his  heirs,  executors  and  ad- 
ministrators, he,  the  said  A.  B.,  now  hath,  or  ever  had,  on  account 
of  their  said  mutual  dealings  :  or  for  or  by  reason  of  any  other 
cause,  matter  or  thing  whatsoever,  from  the  beginning  of  the 
world  to  the  day  of  the  date  of  these  presents. 

In  witness  whereof,  he,  the  said  A.  B.,  hath  hereunto  set  his 
hand  and  seal,  this  tenth  day  of  May,  one  thousand  eight  hun- 
dred and  forty-four. 

Sealed  and  delivered  } 
in  presence  of  5 

E.  F. 


A.  B. 


(J^  To  make  the  release  mutual  and  reciprocal,  the  counter- 
part should  be  written  by  C.  D.  to  A.  B.,  reversing  the  names, 
each  party  of  course  retaining  one.. 


Release  of  Dower,  hy  Indorsement. 

Know  all  men  by  these  presents,  that  I,  M.  W.,  widow  and 
relict  of  the  within-named  H.  W.,  deceased,  for  divers  good  causes 
and  considerations,  and  especially  for  and  in  consideration  of  the 
sum  of  one  dollar,  to  me  in  hand  paid,  by  the  within-named  C. 
D.,  at  and  before  the  ensealing  and  delivering  hereof,  the  receipt 
whereof  I  do  hereby  acknowledge,  have  remised,  released,  and 
forever  quit  claimed,  and  by  these  presents,  do  remise,  release, 
and  forever  quit  claim,  unto  the  said  C.  D.,  and  to  his  heirs  and 
assigns,  all  and  all  manner  of  dower  and  right,  and  title  of  dower, 
and  other  interest,  right,  or  title  whatsoever,  which  I,  the  said  M. 
W.,  now  have,  may,  might,  should,  or  of  right  ought  to  have,  or 
claim  of,  in,  to,  or  out  of,  all  that  the  within-mentioned  messuage, 
&c.,  granted  to  the  said  C.  D.,  and  every  part  and  parcel  thereof, 
with  the  appurtenances :  And  also,  all  manner  of  action  and  ac- 
tions, writ  and  writs  of  dower,  or  other  actions,  and  right  to  mak- 
ing distress,  whatsoever ;  so  that  neither  I,  the  said  M.  W.,  nor 
any  other  person  or  persons  whatsoever,  for  me,  or  in  my  name, 


308  REPORT. 

right  or  stead,  any  manner  of  dower,  or  writs  of  dower,  or  ac- 
tions, right  or  title  of  dower,  or  other  interest,  claim  or  demand 
whatsoever,  of  or  in  the  said  messuage,  &c.,  hereditaments  and 
premises  within  mentioned,  or  of  or  in  any  part  or  parcel  thereof, 
at  any  time  hereafter,  shall  or  may  have,  claim  or  prosecute 
against  the  said  C.  D.,  his  heirs  or  assigns.     In  witness,  &c. 

Sealed  and  delivered  ) 
in  presence  of  S 

S.  R. 

M.  W. 


REPORT. 

A  report  is  a  certificate  to  the  court  made  by  an  officer  or  other 
person  appointed  by  the  court,  of  the  facts  or  matters  to  be  ascer- 
tained by  him,  or  of  something  of  which  it  is  his  duty  to  inform 
the  court.  If  the  parties  in  the  case  accede  to  the  report,  and  no 
exceptions  are  filed,  it  is  in  due  time  confirmed ;  if  exceptions  are 
filed  to  the  report,  they  will,  agreeably  to  the  rules  of  the  court, 
be  heard ;  and  the  report  will  either  be  confirmed,  set  aside,  or 
referred  back  for  the  correction  of  some  error.  2  Madd.  Ch.  505 ; 
Blake's  Ch.  Pr.  230. 


Report  of  Examiners  of  Jlttorney  at  Law. 

We,  the  undersigned,  examiners  appointed  by  the  Court  of 
Common  Pleas  of county,  do  hereby  certify  that  having  ex- 
amined Mr.  C.  D.,  on  his  application  to  be  admitted  to  practice  in 
the  said  court,  we  are  unanimously  of  opinion  that  he  is  suffi- 
ciently qualified  to  practice  as  an  attorney  of  the  said  court,  and 
that  we  have  received  satisfactory  evidence  that  he  is  a  gentleman 
of  good  moral  character. 


Report  of  an  Jllien. 

County,  ss.    Be  it  remembered,  that  at  a  Court  of  Com- 
mon Pleas,  held  at ,  in  and  for  the  said  county,  (or)  before 

me,  the  prothonotary  of  the  court  of,  &c.,  personally  came  A.  B., 

a  native  of ,  who  upon  his  solemn did  depose  and  say, 

that  he  is  a  native  of ,  now  residing  in  the of ,  aged 

years,  or  thereabouts,  and  that  it  is  his  bona  fide  intention  to 

become  a  citizen  of  the  United  States,  and  to  renounce  forever  all 


REPORT.  309 

allegiance  and  fidelity  to  any  foreign  prince,  state,  potentate  or 

sovereignty  whatever,  and  particularly  the  emperor  of ,  of 

whom  before  he  was  a  subject. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  the  seal 
of  the  court  this day  of ,  A.  D. . 

Report  of  Jluditors  to  Orphans'  Court  on  application  of  Exe- 
cutor, xddministrator  or  Guardian^  to  sell  or  mortgage  Real 
Estate. 

To  the  Honourable,  the  Judges  of  the  Orphans'  Court  of  the 
County  of . 

The  undersigned,  appointed  by  this  honourable  court,  on  the 

day  of ,  A.  D. ,  to  ascertain  the  truth  of  the  facts 

set  forth  in  the  petition  of  A.  B., of ,  do  respectfully 

report  ; 

That  upon  investigating  the  accounts  filed  by  the  said ,  it 

appears  that  the  personal  estate  of  the  said is  inadequate  to 

,  and  that  in  our  opinion  it  is  necessary  to  sell  or  mortgage 

the  following  described  real  estate  of  the  said for  that  pur- 
pose. 

Witness  our  hands  this day  of ,  A.  D. . 

Report  of  Jluditors  on  settlement  of  an  Account. 
To  the  Honourable,  &c. 

The  undersigned,  auditors  appointed  by  the  court  to  audit  and 

adjust  the  accounts  of  A.  B., of ,  respectfully  beg  leave 

to  report : 

That  having  examined  the  said  accounts,  with  the  vouchers, 
papers  and  other  evidences  thereof,  we  have  found  the  same  to 
be  just  and  true  according  to  the  preceding  statement,  by  which 

it  appears  that  there  is  a  balance  of remaining  in  the  hands 

of  the  said  accountant,  [if  authorized  to  distribute,  sat/]  (or  pro 

rata  distribution  among  the of  the  said ,  and  which  we 

have  divided  among  the  said according  to  the  amount  of 

their  respective  claims,  at  the  rate  of per  centum  as  per  the 

annexed  schedule. 

All  which  is  respectfully  submitted. 

Report  of  Commissioners  appointed  to  lay  out  State  Road. 

To  the  Honourable,  &c. 

We,  the  commissioners  appointed  by  an  Act  of  Assembly  of 

the  Commonwealth  of ,  passed  the day  of ,  A. 

D. ,  to  view,  lay  out  and  mark  a  state  road,  beginning  at 

,  in  the  county  of ,  thence  by  the  nearest  and  best  rout 


310  RETURN    BY    SHERIFF. 

to ,  thence  by  the  nearest  and  best  to ,  &c.  &c.,  do  report : 

That  in  pursuance  of  said  appointment  we  met  at  ,  on  the 

day  of ,  A.  D. ,  and  being  first  sworn,  (or  affirmed,) 

according  to  the  direction  of  the  said  act,  we  proceeded  to  per- 
form the  duties  therein,  and  have  viewed,  laid  out,  and  clearly 
and  distinctly  marked  on  the  ground  the  rout  agreed  upon,  as  in 
said  act  we  were  directed,  and  viewed  and  laid  out  said  road, 
according  to  the  requirement  of  the  said  act,  a  fair  and  accurate 
draft  of  which  is  hereto  annexed,  on  which  the  courses  and  dis- 
tances as  they  occurred,  the  improvements  through  which  it 
passes,  the  crossing  of  county  and  township  lines,  roads  and 
waters  are  accurately  noted,  together  with  such  other  matter  as 

may  serve  for  explanation,  having  begun  at  and  ended  at 

as  directed. 

All  which  is  respectfully  submitted. 


RETURN  BY  SHERIFF. 

Remarks. 

The  return  of  writs  is  a  short  account  in  writing,  made  by  the 
sheriff,  or  other  ministerial  officer,  of  the  manner  in  which  he  has 
executed  a  writ.     Steph.  on  PI.  24. 

It  is  the  duty  of  such  officer  to  return  all  writs  on  the  return 
day ;  on  his  neglecting  to  do  so,  a  rule  may  be  obtained  on  him 
to  return  the  writ,  and  if  he  do  not  obey  the  rule,  he  may  be  at- 
tached for  contempt.  See  19  Vin.  Abr.  171 ;  Com.  Dig.  Return; 
2  Lilly's  Abr.  476. 

On  Jlttachment. 
Jlttached prout  Return. 
To  the  Honourable,  the  Judges  within  named. 

I  do  humbly  certify,  that  by  virtue  of  the  within-named  writ  to 
me  directed,  I  have  attached  all  and  singular  the  goods,  chattels, 
moneys  and  effi^cts  of  the  within-named  C.  D.,  in  my  bailiwick, 
in  the  hands  and  possession  of  E.  F.,  as  by  the  within  writ  I  am 
commanded,  as  by  the  schedule  hereunto  annexed  appears.  So 
answers  A.  B.,  sheriff. 

AltachH  by  Pledges. 

The  within-named  C.  D.  is  attached  by  his  pledges  I.  S.,  and 
E.  F. 


RETURN   BY   SHERIFF.  3ll 


Nihil,  St'C. 

The  within-named  C.  D.  hath  nothing  in  my  baiUwick  whereby 
he  can  be  attached,  nor  is  he  found  in  the  same. 


On  Capias  ad  Respondendum.  . 

Cepi  Corpus. 

By  virtue  of  this  writ  to  me  directed,  I  have  taken  the  body  of 
the  within-named  I.  S.,  which  I  have  ready  before  the  judges 
within  named,  at  the  day  and  place  within  contained,  as  within  I 
am  commanded. 

Languidus. 

By  virtue,  &c.,  [as  above],  I  have  taken  the  body  of  the  within- 
named  I.  S.,  who  remains  in  my  custody  in  prison,  so  sick,  weak, 
and  infirm,  that  without  great  danger  of  his  death,  I  cannot  have 
his  body  before,  &c.,  [as  above], 

Non  est  Inventus. 

The  within-named  A.  B.  is  not  found  in  my  bailiwick.  [If 
there  be  more  than  one  defendant,  say, « the  within-named  A.  B., 
C.  D.  and  E.  F.  are  not  found,  nor  is  either  of  them  found  in  my 
bailiwick."]  " 

Rescue. 

By  virtue  of  this  writ  to  me  directed,  I  made  my  certain  war- 
rant, directed  to  T.  P.,  my  bailiff,  to  take  and  arrest  the  within 
C.  S.,  which  said  bailiff,  by  virtue  of  the  said  warrant,  did,  on  the 

day  of ,  in  the  year,  &c.,  at in  the  county  of , 

take  and  arrest  the  body  of  the  said  C.  S.,  and  him  in  his  custody 
then  and  there  had.  Whereupon  a  certain  G.  R.,  of,  &c.,  yeoman, 
in  and  upon  said  bailiff,  then  and  there  made  an  assault,  and  the 
said  C.  S.,  then  and  there  out  of  the  custody  of  my  said  bailiff, 
with  force  and  arms  did  rescue.  And  the  said  C.  S.,  himself,  then 
and  there  from  the  custody  of  my  said  bailiff,  with  force  and  arms, 
&c.,  did  rescue,  withdraw  and  escape.  And  afterwards  the  same 
C.  S.  was  not  found  in  my  bailiwick. 

(J^  This  may  be  returned  as  a  rescue  from  the  sheriff  himself. 


312  RETURN    BY    SHERIFF. 

On  Capias  ad  Satisfaciendum. 

Cepi  Corpus. 

By  virtue  of  this  writ  to  me  directed,  I  have  taken  the  body  of 
the  within-named  A.  B.,  which  I  have  ready  before  the  judges 
within  named,  at  the  day  and  place  within  contained,  to  satisfy 
the  within-named  C.  D.,  of  the  debt  and  damages  within  men- 
tioned, as  within  I  am  commanded. 

Non  est  Inventus. 

The  within-named  A.  B.  is  not  found  in  ray  bailiwick  [as  be- 
fore]. 

*.     **■ 

On  Distringas. 

Attached. 

The  within-named  A.  B.  is  attached  by  his  pledges,  C.  D.  and 
E.  F. 

Nihil. 

The  within-named  A.  B.  hath  nothing  in  my  bailiwick  whereby 
he  may  be  distrained. 

Dower. 

Return  of  fVrit  of  Seisin, 

I,  I.  M.,  Esquire,  high  sheriff  of  the  county  of ,  to  the 

judges  in  the  writ  to  this  schedule  annexed  named  do  certify,  that 

by  virtue  of  the  said  writ  to  me  directed,  on  the day  of , 

in  the  year,  &c.,  I  caused  R.  S.,  widow,  in  the  writ  aforesaid 
named,  to  have  full  seisin  of  one-third  part  of  one  messuage,  &c., 
with  the  appurtenances,  in  the  same  writ  specified,  to  wit,  of  the 
lower  room  in  the  front  part  of  the  said  messuage,  towards  the 
west;  of  a  back  chamber  of  the  said  messuage,  one  story  high 
towards  the  east,  &c.,  in  the  tenure  of  R.  H.,  also  of  one  other 
messuage,  &c.,  with  free  ingress  and  egress  to  and  from  the  same 
respectively,  to  hold  to  the  said  R.  S,  in  severalty,  by  metes  and 
bounds,  in  the  name  of  the  whole  dower  of  her,  the  said  R.  S., 
to  her  happening  of  all  the  messuages,  kitchens,  gardens  and  lands 
in  the  said  writ  specified,  as  by  the  same  writ  1  am  commanded. 


RETURN   BY   SHERIFF.  313 

On  Writ  of  Error. 

Return  of  Writ  of  Error. 

The  record  and  process  within  mentioned,  with  all  things 
touching  the  same,  before  the  judges  within  named,  at  the  day 
and  place  within  contained,  in  a  certain  record  to  this  writ  an- 
nexed, we  do  certify  and  send  as  within  we  are  commanded. 

Of  Sci.  Fa.  to  hear  Errors. 

By  virtue,  &c.,  I  have  made  known  to  T.  R.  and  E.,  his  wife, 
within  named,  (by  A.  B.  and  C.  D.,  &c.,)  that  they  be  and  appear 
before  the  judges  within  named,  at  the  day  and  place  within  con- 
tained, to  hear  the  record  within  mentioned:  and  further  to  do 
and  receive  as  in  the  said  writ  is  required. 

On  Fieri  Facias. 

Fieri  Feci. 

By  virtue  of  this  writ  to  me  directed,  of  the  goods  and  chattels 
of  the  within-named  T.  E.,  I  have  caused  to  be  levied  the  debt 
and  damages  specified,  and  these  moneys  I  have  ready  before  the 
judges  within  named,  at  the  day  and  place  within  contained,  as 
within  1  am  commanded. 

Nulla  Bona.  ' 

The  within-named  R.  B.  hath  no  goods  or  chattels,  (lands  or 
tenements,)  whereof  I  can  cause  the  moneys  within  mentioned, 
or  any  part  thereof,  to  be  levied. 

Goods  not  Sold. 

By  virtue,  &c.,  of  the  goods,  &c.,  I  have  caused  to  be  levied  to 
the  value  of  the  debt  and  damages  within  mentioned,  which  said 
goods  remain  in  my  hands,  for  want  of  buyers;  therefore,  I  can- 
not have  the  moneys  wiihin  mentioned,  before  the  judges  within 
named,  at  the  day  and  place  within  contained,  as  within  I  am 
commanded. 

Levied  as  to  Part. 

By  virtue,  &c.,  of  the  goods,  &c.,  I  have  caused  to  be  levied 

parcel  of  the  debt  and  damages  within  mentioned,  which 

moneys  1  have  ready,  &c.,  [as  before,]  and  I  do'  further  certify 
2b 


314  RETURN  BY   SHERIFF. 

that  the  aforesaid  C.  D.  hath  no  other  goods  or  chattels,  lands  or 
tenements,  in  my  bailiwick,  whereof  I  can  cause  to  be  levied  the 
residue  of  the  said  debt. 


Same  on  Fi.  Fa.  against  Executors. 

By  virtue  of  a  writ  of  fieri  facias,  to  me  directed,  and  to  this 
schedule  annexed,  to  the  judges  in  the  same  writ  named,  at  the 
day  and  place  therein  contained,  I  do  certify,  that  of  the  goods 
and  chattels,  which  were  of  T.  H.,  at  the  time  of  his  death,  in  the 
hands  of  S.  D.,  in  the  same  writ  named  to  be  administered,  I  have 
caused  to  be  levied  the  sum  of ,  parcel  of  the  debt  and  da- 
mages in  the  said  writ  specified;  which  said  sum  of ,  I  have 

ready  before  the  judges  aforesaid,  to  render  to  F.  D.,  in  the  same 
writ  named,  in  part  of  the  said  debt. 

And  I  do  also  certify  that  the  aforesaid  S.  D.  hath  no  other 
goods  and  chattels  in  my  bailiwick,  which  were  of  the  said  T.  H., 
at  the  time  of  his  death,  in  her  hands  to  be  administered.  And  I 
do  further  certify  that  the  aforesaid  S.  D.  hath  no  goods  or  chat- 
tels of  her  own  in  my  bailiwick,  whereof  I  can  cause  the  damages 
in  the  said  writ  mentioned  to  be  levied. 


Devastavit. 

To  the  judges,  &c.  I  do  certify  that  the  within-named  L.  G., 
after  the  death  of  the  within-named  K.  P.,  had  divers  goods  and 
chattels  in  my  bailiwick,  which  were  of  the  aforesaid  K.  P.,  at  the 
time  of  his  death,  in  his  hands  to  be  administered,  to  the  value  of 
the  debt  within  mentioned ;  but  before  the  coming  of  this  writ, 
the  aforesaid  L.  G.,  the  goods  and  chattels  aforesaid,  to  the  value 
of  the  debt  aforesaid,  had  wasted  and  to  his  own  proper  use  had 
converted,  whereby  the  debt  and  damages  aforesaid,  or  any  part 
thereof,  1  cannot  cause  to  be  levied  as  within  I  am  commanded. 


Rescue. 

To  the  judges,  &c.  I  do  certify  that  by  virtue  of  this  writ  to 
me  directed,  I  made  my  certain  warrant,  directed  to  a  certain  F. 
B.,  my  bailiff,  to  the  debt  and  damages  within  mentioned,  of  the 
goods  and  chattels  of  the  within-named  J.  S.,  according  to  the 
command  of  the  said  writ  which  said  F.  B.  afterwards  and  before 

the  return  of  the  said  writ,  to  wit :  the day  of ,  in  the 

year,  &c.,  at ,  in  the  county  aforesaid,  by  virtue  of  my  said 

warrant,  did  seize  and  take  into  his  hands,  divers  goods  and  chat- 
tels of  him,  the  said  J.  S.,  to  the  value  of  the  debt  and  damages 
aforesaid,  and  the  same  in  his  custody  then  and  there  had  and 
detained,  until  J.  S.,  Jr.,  and  W.  S.,  with  many  other  persons  un- 


RETURN    BY   SHERIFF.  315 

known,  afterwards,  to  wit,  &c,,  at,  &c.,  in  and  upon  my  said  bailiff 
with  force  and  arms,  &c.,  an  assault  did  make,  and  him,  my  said 
bailiff,  did  beat,  wound  and  evilly  treat.  And  the  goods  and  chat- 
tels aforesaid,  out  of  the  custody  of  the  said  F.  B.  then  and  there 
with  force  and  arms  did  rescue,  against  the  will  of  my  said  bailiff, 
and  against  the  peace,  &c. 

Or  thus :  By  virtue  of  this  writ  to  me  directed,  I  seized  and 
took  into  my  hands  divers  goods,  &c.,  and  the  same  in  my  custody 
had,  until  a  certain  J.  S.,  &c.,  afterwards,  to  wit,  &c.,  in  and  upon 
me,  the  said  sheriff,  with  force  and  arms,  an  assault  did  make,  and 
me,  the  said  sheriff,  did  beat,  &c.^ 


On  Habeas  Corpus. 

On  Habeas  Corpus  to  the  Common  Pleas. 

The  execution  of  this  writ  appears  in  a  certain  schedule  to  this 
writ  annexed. 

On  same  to  the  Sheriff  or  Gaoler. 

The  body  of  the  within-named  G.  R.,  by  me  before  taken  and 
detained  before  the  judges  within  named,  at  the  day  and  place 
within  contained,  I  have  ready  as  within  I  am  commanded. 

Cum  Causa. 

The  body  of  the  within-named  A.  B.,  in  my  custody,  together 
with  the  day  and  cause  of  his  being  taken  and  detained,  before, 
&c.,  I  have  ready,  as  within  I  am  commanded. 

Not  detained  in  prison,  fyc. 

To  the  judges,  &c.  I  do  certify  that  the  within-named  J.  S.  is 
not  detained  in  prison  in  my  custody,  nor  was  he  detained  therein 
on  the  day  of  the  receipt  of  this  writ ;  nor  is  there  any  cause  of 
detention  of  him,  the  said  J.  S.,  remaining  before  me. 

Detained  by  Writ. 

To  the  judges,  &c.  I  do  certify,  that  before  the  coming  of  this 
writ,  the  within-named  W.  B.  was  taken  and  committed  to  the 

prison  of ,  in  my  custody,  by  virtue  of  a  certain  other  writ 

to  me  before  directed,  a  true  transcript  whereof  I  send  annexed 
to  this  writ.  Nevertheless,  the  body  of  the  said  W.  B.  I  have 
ready,  &c. 


316  RETURN    BY    SHERIFF. 


In  Execution. 

To  the  judges,  &c.  I  do  certify  that  the  body  of  the  within- 
named  T.  C.  is  in  execution,  at  the  suit  of  T.  B.,  for.  the  sum  of 
,  returnable  before,  &c.,  on  the day  of .  Never- 
theless, &c. 

On  Warrant. 

To  the  judges,  &c.  I,  T.  B.,  Esq.,  High  Sheriff  of  the  county 
of ,  do  certify,  that  before  the  coming  of  tliis  writ  to  me  di- 
rected, to  wit,  on  the day  of ,  last  past,  J.  M.,  in  the 

said  writ  named,  was  committed  to  my  custody  by  virtue  of  a 
certain  warrant  [or  mittimus]  under  the  hands  and  seals  of  E.  H. 
and  T.  C,  Esqs.,  two  of  the  justices  of  the  peace  of  the  county 
aforesaid,  the  tenor  of  which  said  warrant  follows  in  these  words : 
"  To  the  keeper  of  the  gaol,"  &c,,  [as  in  the  warrant]  and  this  is 
the  cause  of  the  taking  and  detaining  of  the  aforesaid  J.  M.  in  my 
custody.     Nevertheless,  &c. 

On  Suspicion. 

To  the  judges,  &c.     I  do  certify  that  before  the  coming  of  this 

writ,  the  within-named  C.  D.  was  committed  to  the  prison  of , 

on  suspicion  of  counterfeiting  the  moneys  of  the  United  States, 
and  for  that  cause  and  no  other,  in  the  same  prison  is  detained. 

Or  thus :  On  suspicion  of  larceny,  and  because  he  could  not  find 
sufficient  sureties  to  abide  the  laws  of  the  state,  &c.,  [as  before.] 

On  Indictment. 

That  before  the  coming  of  this  writ,  to  wit,  at  a  court  of, 

&c.,  held,  &c.,  before,  &c.,  the  within-named  A.  B.  was  indicted 
for,  &c.,  and  by  the  same  court  was  committed  to  the  prison  of 

,  which  said  indictment  remains  before  the  said  judges  at,  &c. 

Nevertheless,  &c. 

On  other  Causes. 

And  also  the  said  E.  G.  is  detained  in  the  prison  of  the  said 
county,  by  virtue  of  a  certain  writ  of  latitat,  against  him  at  the 
suit  of  J.  A.,  of  a  plea  of  trespass.  And  also  of  the  bill  of  the  said 
J.  A.  against  him,  the  said  E.  G.,  for  two  hundred  dollars,  return- 
able before  the  judges  at ,  the day  of ,  last  past. 

And  these  are  the  causes  of  the  taking  and  detaining  of  the  afore- 
said E.  G.     Nevertheless,  &c. 


RETURN    BY  SHERIFF.  317 

On  Habere  Facias  Possessionem. 

Cum  Fi,  Fa. 

By  virtue  of  this  writ  to  me  directed,  on  the day  of , 

in  the  year  within  mentioned,  I  caused  the  within-named  H.  H. 
to  have  possession  of  his  term  within  specified,  of  the  tenements 
within  mentioned,  with  the  appurtenances.  And  I  have  also 
caused  to  be  levied  of  the  goods  and  chattels  of  the  within-named 
W.  W.,  the  damages  within  mentioned,  which  moneys  I  have 
ready  before  the  judges  within  named,  at  the  day  and  place  within 
contained,  to  render  to  the  said  H.  H.  as  within  I  am  commanded. 

On  Replevin. 

Replevied. 

By  virtue,  &c ,  I  have  caused  to  be  replevied  unto  the  within- 
named  R.  S.,  the  goods  and  chattels  within  mentioned,  as  within 
I  am  commanded. 


Elongata. 

Before  the  coming  of  this  writ,  the  goods  and  chattels  within 
mentioned  were  eloined  by  the  within-named  W.  C.,'  to  places 
by  me  unknown.  Therefore,  I  cannot  replevy  the  same  as  within 
I  am  commanded. 


The  same  as  to  part. 

To  the  judges,  &c.  I  do  certify,  that  by  virtue  of  this  writ  to 
me  directed,  1  have  caused  to  be  returned  to  the  within-named 
A.  B.,  two  colts,  part  of  the  cattle  within  mentioned,  as  within  I 
am  commanded,  and  that  before  the  coming  of  this  writ,  the  resi- 
due of  the  cattle  aforesaid  were  eloined  by  the  within-named  C. 
D.  to  places  to  me  unknown,  &c. 

No  Pledges. 

The  within-named  A.  B.  hath  not  found  any  pledges  to  prose- 
cute this  writ ;  therefore  nothing  hath  been  done  towards  the  exe- 
cution thereof. 


Nulhis  venit,  Sfc. 

To  the  judges,  &c.    I  do  certify,  that  no  one  came  on  the  part 
of  the  plaintiff  to  show  the  goods  to  me. 

2  b* 


318  RETURN    BY    CONSTABLE. 

On  Scire  Facias. 

Scire  Feci. 

By  virtue  of  this  writ  to  me  directed  by  A.  B.  and  C.  D.,  honest 
and  lawful  men  of  my  bailiwick,  1  have  made  known  to  the 
within-named  J.  S.,  that  he  be  before  the  judges  within  named, 
at  a  day  and  place  within  contained,  to  show  if  any  thing  for  him- 
self he  hath  or  knows  to  say,  why,  &c.,  [according  to  the  writ,] 
as  within  I  am  commanded. 

Or  thus :  "  To  show  in  manner  and  form  as  by  this  writ  it  is  re- 
quired."  Or,  "to  do  those  things  which  by  this  writ  are  required." 

Same  as  to  Terre  Tenants. 

I,  R.  B.,  Esq.,  High  Sheriff  of  the  county  of ,  to  the  judges 

in  the  writ  hereunto  annexed  named,  do  certify,  that  by  virtue  of 
the  said  writ  to  me  directed,  and  to  this  schedule  annexed,  by  J. 
B.  and  L.  M.,  honest  and  lawful  men  of  my  bailiwick,  I  have 
made  known  to  J.  B.,  tenant  of  one  messuage,  &c.,  with  the  ap- 
purtenances, situate,  lying  and  being  in  — —  ,in  the  county  afore- 
said. And  also  to  J.  H.,  tenant  of,  &c.,  [naming  the  several  ten- 
ants,] of  which  said  lands  and  premises,  the  within-named  R.  B. 

was  seised  in  his  demesne,  as  of  fee,  on  the day  of ,  in 

the  year,  &c.,  (on  which  day  judgment  was  rendered  of  the  debt 
and  damages  within  mentioned,)  that  they  be  before  the  judges 
aforesaid,  at  the  day  and  place  within  contained,  to  show  in  man- 
ner and  form  as  by  this  writ  it  is  required.  And  I  do  also  certify 
that  there  are  no  other  tenants  of  any  further  or  other  lauds  or 
tenements,  which  were  of  the  said  R.  13.  at  the  time  of  the  render- 
ing of  the  judgment  aforesaid,  in  my  bailiwick,  to  whom  I  could 
make  it  known,  as  within  I  am  commanded.  ^ 

RETURNS  BY  CONSTABLE. 

Constable's  return  to  Court  of  Constable's  Election. 

To  the  Honourable  the  Judges  of  the  Court  of  Quarter  Sessions 
of  the  Peace  of  the  County  of  Lancaster. 

At  an  election  held  at  the  house  of  James  Smith,  of  the  town- 
ship of  — : — ,  iimkeeper,  on  Friday,  the day  of ,  instant, 

Simon  Straub  having  one  hundred  and  sixty-nine  votes,  and  Sam- 
uel Steel  having  ninety  votes,  were  duly  elected  to  the  office  of 
constable  of  the  said  township  for  the  ensuing  year,  certified  by 

us  at  the  township  aforesaid,  the day  of ,  A.  D.  1845. 

J.  M.,  Constable  of Township. 

^'yq    ^  Judges. 


RETURN    BY    CONSTABLE.  319 


Notice  to  Constables  elected. 

To  Simon  Straub  and  Samuel  Steel,  of  the  township  of ,  in 

the  County  of  Lancaster. 

Take  notice,  that  at  an  election  held  at  the  house  of  James 

Smith,  of  the  township  aforesaid,  innkeeper,  on  Friday,  the 

day  of ,  instant,  you  were  duly  elected  to  the  office  of  con- 
stable of  the  said  township  for  the  ensuing  year.     Given  under 

my  hand  at township  aforesaid,  the day  of ,  A.  D. 

one  thousand  eight  hundred  and  forty-five. 

J.  M.,  Constable  of Toianship. 

r 

Constable^s  return  to  Court. 

To  the  Honourable  the  Judges  of  the  Court  of  Quarter  Sessions 
of  the  Peace  for  the  County  of  Lancaster. 

J.  M.,  constable  of  the  township  of ,  in  the  said  county, 

makes  his  return  to  the  said  court,  of  a  list  of  all  the  wholesale 
and  retail  dealers  described  in  the  Act  of  7th  April,  1830,  dealing 
within  the  district  and  township  aforesaid,  as  far  as  he  can  ascer- 
tain the  same. 

John  Stark, 

Elias  Brown. 
Lancaster  County,  ss. 

J.  M.,  constable  as  aforesaid,  on  his  oath,  says  that  the  above 
return  and  list  is  just  and  true  to  the  best  of  his  knowledge  and 
belief.  J.  M. 

Sworn  and  subscribed  before 

me  this day  of ,1845. 

0.  N.  Justice. 


'  Return  of  Constable  on  Domestic  Attachment. 

June  10,  1845,  attached  one  colt,  one  cow,  one  bureau,  two 
barrels  of  cider,  &c.  &c.     Attached  the  same  in  the  hands  of  A. 

B.,  of township,  carpenter.     So  answers 

J.  M.,  Constable  of Township. 

(Cy  If  the  constable  cannot  find  property  of  the  defendant,  he 
may  return,  *'  the  defendant  has  no  goods  and  chattels  within  the 
county  whereby  he  can  be  attached."     So  answers,  &c. 

Return  of  Constable  on  Warrant. 

The  within-named  Charles  Dean  is  not  found  in  my  bailiwick. 
So  answers  J.  M.,  Co7istable  of Township. 


320  SUBPCENA.  'ii' 


Heturn  of  Constable  on  Warrant. 

I  have  taken  the  within-named  John  Shaw,  whose  body  I  have 
ready,  as  within  I  am  commanded.     So  answers 

J.  M.,  Constable  of Township. 

Eeturn  of  Constable  on  a  Warrant. 

By  virtue  of  this  warrant  to  me  directed,  on  the  tenth  day  of 
June,  instant,  I  tools;  and  arrested  the  within-named  A.  B.,  and 

safely  kept  him  in  my  custody,  until  S.  B.,  of township,  and 

divers  other  persons,  to  me  unknown,  on  the  eleventh  day  of  June, 
instant,  at  the  township  aforesaid,  assaulted  and  ill  treated  me, 
and  the  said  A.  B.  out  of  my  custody  then  and  there  rescued. 
And  afterwards  the  said  A.  B.  is  not  found  in  my  bailiwick.  So 
answers  J.  M.,  Constable  of Township. 

Return  of  Constable  on  Warrant  for  Jiffray. 

I  have  taken  the  within-named  A.  B.,  whose  body  I  have  ready, 
as  within  I  am  commanded ;  but  the  within-named  C.  D.  is  not 
found  in  my  bailiwick.     So  answers 

J.  M.,  Constable  of Township. 

SUBPCENA. 

Remarks. 

A  subpoena  is  a  process  to  cause  a  witness  to  appear  and  give 
testimony,  commanding  him  to  lay  aside  all  pretences  and  excuses, 
and  appear  before  a  court  or  magistrate  therein  named,  at  a  time 
therein  mentioned,  to  testify  for  the  party  named,  under  a  penalty 
therein  mentioned.  On  proof  of  service  of  a  subpoena  upon  the 
witness,  and  that  he  is  material,  an  attachment  may  be  issued 
against  the  witness  for  a  contempt,  if  he  neglects  or  refuses  to 
attend  as  commanded. 


Subpoena  with  clause  of  Duces  Tecum. 
Erie  County,  ss. 

The  Commonwealth  of  Pennsylvania  to  A.  B.,  greeting :  We 
command  you,  that  setting  aside  all  manner  of  business  and  ex- 
cuses whatsoever,  you  be  and  appear  in  your  proper  person,  be- 
fore our  judges  at  Erie,  at  our  Court  of  Common  Pleas  for  the 

County  of  Erie,  there  to  be  held  the day  of ,  1845,  at 

10  o'clock  in  the  forenoon  of  that  day,  to  testify  all  and  singular, 
those  things  which  you  shall  know  in  a  certain  action  now  depend- 


WILL.  321 

ing  and  undetermined,  between  C.  D, plaintiff,  and  E.  F.,  defend- 
ant, on  the  part  of  the  plaintiff,  and  that  you  bring  with  you  aU 
and  singular,  the  day  books,  ledgers,  letter  books,  and  all  papers 
and  documents  whatever  of  the  said  C.  D.  And  this  you  are  not 
to  omit  under  the  penalty  of  one  hundred  pounds.     Witness  the 

honourable  G.  H.,  President  of  our  said  court  at  Erie,  the 

day  of ,  in  the  year  of  our  Lord  one  thousand  eight  hundred 

and  forty-five.  W.  K.,  Prothonotary. 

Common  Form,  before  %drhUrators. 
Erie  County,  ss. 

The  Commonwealth  of  Pennsylvania  to  -; ,  greeting :  We 

command  you  and  each  of  you,  that  you  be  and  appear  in  your 
proper  persons,  before  A.  B.,  C.  D.  and  E.  F.,  arbitrators,  appointed 
to  hear  and  decide  all  matters  in  variance,  between  the  parties,  in 
a  certain  action  wherein  G.  H.  is  plaintiff  and  J.  K.  defendant,  at 

the  house  of  R.  M.,  in  the  township  of ,  on  Thursday,  the 

day  of next,  then  and  there  to  give  evidence  on  the 

part  of  the  plaintiff*  [or  defendant,  as  the  case  may  bej.  Hereof 
fail  not,  under  the  penalty  which  may  ensue.     Witness  my  hand 

the day  of ,  A.  D.  1845. 

C.  D.,  one  of  the  %QrhUrators. 

WILL. 

Remarks. 

A  will  or  testament,  is  the  legal  declaration  of  a  man's  inten- 
tions of  what  he  wills  to  be  performed  after  his  death.  Co.  Litt. 
Ill ;  Shep.  Touch.  399.  The  terms  will  and  testament  are  gene- 
rally used  as  synonymous.  There  are  five  essential  requisites 
to  make  a  good  will.  1.  The  testator  must  be  legally  capable  of 
making  a  will.  2.  The  testator,  at  the  time  of  making  his  will, 
must  have  a  serious  intention  to  make  such  will,  and  not  jestingly 
or  boastingly,  3.  The  mind  of  the  testator,  in  making  his  will, 
must  be  free,  and  not  moved  by  fear,  fraud  or  flattery.  4.  There 
must  be  a  person  to  take,  capable  of  taking.  5.  The  will  must 
be  put  in  proper  form.  Wills  are  either  written  or  nuncupative. 
A  will  in  writing  must  be,  1st,  written  on  paper  or  parchment, 
and  it  may  be  in  any  language.  It  is  very  important  that  the 
design  of  the  testator  be  clearly  expressed.  2d.  It  must  be  signed 
by  the  testator  or  some  person  authorized  by  him,  but  a  sealing 
has  been  held  to  be  a  sufficient  signature.  2  Str.  764.  And  it 
ought  to  be  signed  by  the  attesting  witnesses.  In  some  states 
three  witnesses  are  required,  who  should  sign  the  will  as  such,  at 
the  request  and  in  the  presence  of  the  testator  and  of  each  other. 
This  formality  should  generally  be  pursued,  as  the  testator  may 
have  lands  in  such  states,  which  would  not  pass  without  it.     3d. 


322  WILL. 

It  must  be  published,  that  is,  the  testator  must  do  some  act  from 
which  it  can  be  concluded  that  he  intended  the  instrument  to  ope- 
rate as  his  will,  4th.  To  make  a  good  will  of  goods  and  chattels, 
there  must  be  an  executor  named  in  it ;  otherwise,  it  will  be  a 
codicil  only,  and  the  party  is  said  to  die  intestate ;  in  such  a  case, 
administration  must  be  granted.  Bac.  Abr.  Wills,  D.  2.  It  is  a 
rule  that  the  last  will  revokes  all  former  wills.  A  nuncupative 
will  or  testament,  is  a  verbal  declaration  by  a  testator  of  his  will 
before  a  competent  number  of  witnesses.  The  Act  of  Assembly 
of  Pennsylvania,  8tli  April,  1833,  Pamph.  L.  p.  249,  requires  that 
every  will  shall  be  in  writing,  and  signed  by  the  testator,  unless 
he  be  prevented  by  the  extremity  of  his  last  sickness.  There  is 
a  proviso,  however,  in  favour  of  sailors,  soldiers,  &c.  Much  care 
should  be  taken  in  drafting  wills,  so  that  the  wishes  of  the  testator 
may  be  clearly  expressed  in  proper  terms.  The  want  of  that  care 
causes  most  of  the  difficulties  concerning  them. 

%S  form  for  a  Will. 

In  the  name  of  God,  Amen.  1,  John  Hook,  of  the  city  of  Lan- 
caster, in  the  Commonwealth  of  Pennsylvania,  merchant,  being 
in  health  of  body  [or  weak  in  body,  as  the  case  may  be,]  and  of 
sound  mind,  memory  and  understanding,  praised  be  God  for  the 
same,  do  make  this,  my  last  will  and  testament  in  manner  and 
form  following : 

I  give,  devise  and  bequeath,  unto  my  beloved  wife,  Mary  Hook, 
her  heirs  and  assigns  forever,  all  my  property,  real,  personal  and 
mixed,  of  what  nature  or  kind  soever,  and  wheresoever  the  same 
shall  be  at  the  time  of  my  death. 

And  I  do  nominate,  constitute  and  appoint  my  said  wife  sole 
executrix  of  this,  ray  last  will  and  testament,  hereby  revoking  and 
making  void  all  and  every  other  will  or  wills  at  any  time  hereto- 
fore by  me  made,  and  do  declare  this  to  be  my  last  will  and  tes- 
tament. 

In  witness  whereof,  I,  the  said  John  Hook,  have  hereunto  set 
my  hand  and  seal  this  tenth  day  of  January,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  forty-five. 

Signed,  sealed,  declared  and  published 
by  the  above-named  John  Hook,  as  and 
for  his  last  will  and  testament,  in  the  pre- 
sence of  us,  who,  at  his  request,  and  in 
his  presence,  have  subscribed  our  names 
as  witnesses  thereto. 

John  Evans, 
William  Smith. 


JOHN  HOOK. 


WILL.  323 

Jlnother  form  of  a  Will, 

I,  William  Smith,  of  the  city  of  Pittsburgh,  in  the  County  of 
Allegheny  and  Commonwealth  of  Pennsylvania,  hatter,  do  make 
and  publish  this,  my  last  will  and  testament,  hereby  revoking  and 
making  void  all  former  wills  by  me  at  any  time  heretofore  made. 
,  And  first,  I  direct  that  my  body  be  decently  interred  in  the  bury- 
'  ing  ground  of  the  Episcopal  Church  of  St.  Paul's,  in  the  said  city, 
"  according  to  the  rites  and  ceremonies  of  the  said  church,  and  that 
my  funeral  be  conducted  in  a  manner  corresponding  with  my  es- 
tate and  situation  in  life.  And  as  to  such  worldly  estate  as  it  hath 
pleased  God  to  entrust  me  with,  I  dispose  of  the  same  as  follows : 
First,  I  direct  that  all  my  debts  and  funeral  expenses  be  paid  as 
soon  after  my  decease  as  possible,  out  of  the  first  moneys  that 
shall  come  into  the  hands  of  my  executors,  from  any  portion  of 
my  estate,  real  or  personal :  Also,  I  direct  that  a  fair  valuation  or 
appraisement  be  made  by  three  judicious  neighbours,  of  all  ray 
said  estate,  including  my  household  furniture,  and  after  being 
signed  with  their  names,  that  a  copy  of  the  same  shall  be  given 
by  them  to  each  of  my  executors  :  Also,  I  direct  that  all  my  stock 
in  trade  be  sold  by  public  auction,  for  good  curretit  money,  but 
not  upon  credit ;  and  that  all  the  real  estate  of  which  I  shall  die 
seised  or  possessed,  shall  be  sold  by  my  executors  for  its  reasona- 
ble value,  for  like  current  money,  or  on  such  credit,  and  the  amount 
thereof  secured  in  such  manner  as  is  usual  in  like  cases  to  insure 
the  full  and  punctual  payment  thereof:  And  to  effectuate  this  my 
intention,  I  do  hereby  vest  in  my  executors  full  power  and  au- 
thority to  dispose  of  my  real  estate,  in  fee  simple,  or  for  a  term  of 
years,  or  otherwise  in  as  full  and  large  a  manner,  in  every  respect, 
as  I  could  myself  do,  if  living :  Also,  I  do  direct  that  the  whole  of 
my  household  furniture  [excepting  such  articles  hereafter  be- 
queathed to  my  several  children,  as  the  case  may  be]  shall  be  and 
remain  the  absolute  property  of  my  beloved  wife,  if  she  shall  be 
living  at  the  time  of  my  decease ;  but  if  she  shall  not  survive  me, 
then  that  the  same  shall  be  given  absolutely  to  such  of  my  daugh- 
ters, then  unmarried,  as  shall  be  then  living,  share  and  share  alike, 
,  and  to  be  apportioned  by  three  impartial  neighbours,  mutually 
chosen  by  my  said  daughters  for  that  purpose:  Also,  I  do  direct  that 
the  nett  produce  of  my  personal  estate,  heretofore  ordered  by  me  to 
be  disposed  of,  be  divided  equally,  as  soon  as  it  can  be  done,  share 
and  share  alike,  amongst  my  said  wife,  and  my  several  children 
who  shall  survive  me ;  and  that  the  produce  of  the  real  estate,  if 
sold  on  credit,  shall  be  divided  in  like  manner,  as  soon  as  it  shall 
come  into  the  hands  of  my  executors ;  the  heirs  or  representatives 
of  any  of  my  children,  who  shall  have  died  between  the  time  of 
my  decease  and  the  time  of  such  division  or  distribution,  to  be 
entitled  to  such  share  or  shares  as  their  respective  ancestors  would 
have  been  entitled  to  receive,  if  then  living ;  and  the  share  of  my 


324  wiLL- 

real  and  personal  estate,  thus  bequeathed  to  my  wife,  to  be  in  heu 
of  her  dower  at  common  law,  if  she  shall  so  elect.  And  I  do 
hereby  make  and  ordain  my  esteemed  neighbours,  Daniel  Stone 
and  Charles  Dean,  executors  of  this  my  last  will  and  testament. 

In  witness  whereof,  I,  Jonathan  Francis' Smith,  the  testator, 
have  to  this  my  will  written  on  one  sheet  of  paper,  set  my  hand 
and  seal,  this  first  day  of  January,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  forty-five. 

Signed,  sealed,  published  and  declared" 
by  the  above-named  Jonathan  Francis 
Smith,  as  and  for  his  last  will  and  testa- 
ment, in  the  presence  of  us,  who  have  ^ 
hereunto  subscribed  our  names  as  wit-  | 
nesses  thereto  in  the  presence  of  the  said  | 
testator,  and  at  his  request.  J 

%  A.  B. 

CD. 


JONATHAN  FRANCIS  SMITH. 


Another  form  of  a  Will. 

In  the  name  of  God,  Amen.  I,  A.  B.,  of^the  county  of  Phila- 
delphia, in  the  state  of  Pennsylvania,  farmer,  being  weak  in  body, 
[or  in  perfect  health  of  body,  as  the  case  may  be,]  and  of  sound 
mind,  memory  and  understanding :  but  considering  the  uncertainty 
of  this  iransitory  Ufe,  do  make  and  publish  this,  my  last  will  and 
testament,  in  manner  and  form  following,  to  wit : 

First :  It  is  my  will,  and  I  do  order,  that  all  my  just  debts  and 
funeral  expenses  be  duly  paid  and  satisfied,  as  soon  as  convenient- 
ly can  be  after  my  decease. 

Item :  I  give  and  bequeath  unto  my  dear  wife,  D,,  one  bed, 
one  cow,  &c.,  together  with  such  of  my  household  furniture,  and 
kitchen  uten>:ils,  as  she  may  choose  to  keep  for  her  own  use. 

Item :  I  give  and  bequeath  unto  my  said  wife,  the  use  and  oc- 
cupation of  my  plantation,  &c  ,  until  my  son  A.  shall  attain  the . 
age  of  21  years,  (she  maintaining  and  educating  my  minor  chil- 
dren thereout,)  and  from  and  after  his  arrival  at  such  age,  then  I 
give  and  devise  the  said  plantation,  &c.,  unto  my  son  A.,  his  heirs 
and  assigns  forever  ;  he  or  they  paying  thereout,  unto  my  other 
children  hereinafter  named,  the  several  sums  of  money,  to  them 
respectively  bequeathed  ;  and  also  paying  unto  my  said  wife,  the 
sum  of  one  hundred  and  fifty  dollars  (which  sum  I  hereby  be- 
queath to  her)  yearly,  and  every  year,  during  her  natural  li/ie,  for 
her  maintenance  and  support;  all  which  legacies  to  my  said  wife 
.1  do  hereby  declare  to  be  in  lieu  and  stead  of  her  dower,  at  com- 


WILL.  325 

mon  law.  And,  in  case  of  the  death  of  my  said  son  A.  before 
his  arrival  at  the  age  aforesaid,  then  1  do  order  and  direct,  that 
my  executors,  hereinafter  named,  or  the  survivor  of  them,  shall, 
as  soon  as  conveniently  may  be,  after  his  decease,  sell  and  dispose 
of  my  said  plantation,  &c.,  to  such  person  or  persons,  and  for  such 
price  or  prices,  as  may  be  reasonably  gotten  for  the  same ;  and 
for  that  purpose,  I  do  hereby  authorize  and  empower  my  said 
executors,  or  the  survivor  of  them,  to  sign,  seal,  execute  and  ac- 
knowledge, all  such  deed  or  deeds  of  conveyance,  as  may  be 
requisite  and  necessary,  for  the  granting  and  assuring  the  same  to 
the  purchaser  or  purchasers  thereof,  in  fee  simple :  And  the 
moneys  arising  from  such  sale,  to  put  and  place  out  to  interest,  on 
good  security,  for  the  payment  of  the  said  annuity  hereby  be- 
queathed to  my  said  wife  ;  the  residue  of  the  interest  to  be  applied 
to  the  maintenance  and  education  of  such  child,  or  children,  as 
shall  then  be  under  age.  • 

Item :  I  give  and  bequeath  unto  my  son  C.  the  sum  of  one 
hundred  dollars,  to  be  paid  to  him  six  months  after  my  decease. 

Item :  I  give  and  bequeath  unto  my  daughter  E  the  sum  of 
one  hundred  dollars,  to  be  paid  to  her  on  her  arrival  at  the  age  of 
21  years,  or  the  day  of  her  marriage,  whichever  shall  first  hap- 
pen. 

And,  as  touching  all  the  rest,  residue  and  remainder  of  my 
estate,  real  and  personal,  of  what  kind  or  nature,  whatsoever  the 
same  may  be,  in  the  county  of  Philadelphia  aforesaid,  or  else- 
where, I  give  and  devise  the  same,  unto  my  said  wife,  D.,  during 
her  natural  life ;  and  from,  and  immediately  after  her  decease,  I 
give  and  devise  the  same  unto  my  three  children,  A.,  C,  and  E., 
and  to  their  heirs  and  assigns  forever,  to  be  equally  divided 
among  them. 

And,  lastly,  I  nominate,  constitute  and  appoint  my  said  wife, 
and  my  son  A.,  to  be  the  executors  of  this  my  will,  hereby  revok- 
ing all  other  wills,  legacies  and  bequests,  by  me  heretofore  made, 
and  declaring  this,  and  no  other,  to  be  ray  last  will  and  testa- 
ment. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  seal,  the 
fourth  day  of  July,  one  thousand  eight  hundred  and  fortj'^-fonr. 

Signed,  sealed,  declared  and  published,  by  the  "j  ' 
above-named  A.  B.  as  and  for  his  lasi  will  and  | 
testament,  in  presence  of  us,  who  at  his  request  y 
and  in  his  presence,  have  subscribed  our  names  | 
as  witnesses  thereto.  W.  R.     J 

J.  D. 


A.  B. 


2c 


326  WILL. 

Jinolhtr  form  of  a  Will. 

I,  A.  B.,  of  the  township  of  Amity,  in  the  county  of  Berks,  and 
state  of  Pennsylvania,  do  make  and  publish  this  my  last  will  and 
testament,  in  manner  and  form  following,  that  is  to  say  : — 

First :  It  is  my  will  that  my  funeral  shall  be  conducted  with- 
out pomp,  unnecessary  parade  or  ostentation,  and  that  the  ex- 
penses thereof,  together  with  all  my  just  debts,  be  fully  paid. 

Second:  I  give,  devise  and  bequeath  to  my  beloved  wife,  M. 
B.,  in  lieu  of  her  dower,  if  she  should  so  elect,  the  plantation  on 
which  we  now  reside,  situate  in  the  township  aforesaid,  and 
containing  two  hundred  and  ten  acres,  or  thereabouts,  during  her 
natural  life  :  And  all  the  live-stock,  horses,  cattle,  sheep,  swine, 
&c.,  by  me  now  owned  and  kept  thereon  :  Also,  all  the  house- 
hold furniture  and  other  items,  not  particularly  named  and  other- 
wise disposed  of,  in  this  my  will,  during  her  said  life ;  she,  how- 
ever, first  disposing  of  a  sulficiency  thereof  to  pay  my  just  debts, 
as  aforesaid.  And,  that  at  the  death  of  my  said  wife,  all  the 
property  hereby  devised  or  bequeathed  to  her,  as  aforesaid,  or  so 
much  thereof,  as  may  then  remain  unexpended,  I  give  unto  my 
three  sons,  F.,  W.,  and  I,,  and  to  their  heirs  and  assigns  for  ever. 

Third:  I  give  and  devise  to  my  eldest  son,  F.  the  farm  on 
which  he  now  resides,  situate,  &c.,  and  containing  one  hundred 
and  fifty  acres,  or  thereabouts,  and  to  his  heirs  and  assigns  for  ever. 

Fourth :  I  give  and  devise  to  my  second  son,  W.,  the  farm 
now  in  the  occupancy  of  G.  H.,  situate,  &c,,  and  containing  one 
hinidred  and  ten  acres,  to  him,  the  said  W.,  his  heirs  and  assigns, 
in  fee  simple. 

Fifth:  T  give  and  devise  to  my  third  son,  I.,  the  house  and 
lot,  in  the  borough  of  Reading,  in  the  county  and  state  aforesaid, 
now  in  the  occupancy  of  I.  K.,  known  and  designated  in  the  plan 
of  said  borough,  by  No.  47,  to  him,  the  said  I.,  his  heirs  and  as- 
signs for  ever. 

,/9nd  last :  I  hereby  constitute  and  appoint  my  said  wife,  M., 
and  my  said  son  F.,  to  be  the  executrix  and  executor  of  this  my 
last  will  and  testament,  hereby  revoking  and  annulling  all  for- 
mer wills  by  me  made,  and  ratifying  and  confirming  this,  and  no 
other,  to  be  my  last  will  and  testament. 

In  testimony  whereof  I  have  hereunto  set  my  hand  and  seal 
the  tenth  day  of  May,  one  thousand  eight  hundred  and  forty  four. 

Signed,  published  and  declared  by  the  above- ^ 
named  A.  B.,  as  and  for  his  last  will  and  testa- 
ment, in  presence  of  us,who,  at  his  request,  have 
signed  as  witnesses  to  the  same.  M.  S. 

R.  T. 


WILL. 


327 


Codicil,  or  Supplement  to  a  Will. 

I,  A.  B.,  the  within-named  testator,  do  hereby  make  and  publish 
this  codicil,  to  be  added  to  my  last  will  and  testament  in  manner 
following,  to  wit:   .1  give  and  bequeath,  &c. 

And,  whereas,  in  my  said  will,  1  have  given  and  bequeathed 
unto  my  son  C.  (who  is  since  deceased),  the  sum  of  one  hundred 
dollars,  to  be  paid  to  him  six  months  after  my  decease,  I  do  hereby 
declare  that  my  will  is,  that  the  same  be  paid  unto  my  daughter 
E.  immediately  after  my  decease.  And  lastly,  it  is  my  will  and 
desire,  that  this,  my  present  codicil,  be  annexed  to  and  made  a  part 
of  my  last  will  and  testament  aforesaid.  In  witness  whereof  I 
have  hereunto  set  my  hand  and  seal,  this  tenth  day  of  May,  one 
thousand  eight  hundred  and  forty-five. 

Signed,  sealed,  published  and  declared  by  the  ^ 
said  A.  B.  as  and  for  a  codicil  to  his  last  will  and  j  ^ 

testament,  in  the  presence  of  us,  who  in  his  pre-  [ 
sence,  and  in  the  presence  of  each  other,  have,  at  | 
his  request,  subscribed  our  names  as  witnesses  j 
thereto.  Q.  R.     J 

S.  T. 


H 


^ 


A.  B. 


Another  forin  of  Codicil  or  Supplement  to  a  Will, 

This  is  a  codicil,  to  be  added  to  and  taken  as  part  of  the  last 
will  and  testament  of  me,  A.  B.,  which  bears  date  the  fourth  day 
of  July,  1837,  whereby  I  do  revoke  the  devise  in  my  said  will 
contained,  to  ray  son  F.,  of  all  that  farm,  situate,  &c.,  and  contain- 
ing one  hundred  and  fifty  acres,  and  do  give  and  devise  the  same 
to  my  daughter  C,  her  heirs  and  assigns  for  ever.  I  give  and  be- 
queath to  my  said  son  F.,  in  lieu  of  the  said  farm  the  sum  of  four 
thousand  dollars ;  and  do  hereby  ratify  and  confirm  my  said  will 
in  all  other  respects.  In  witness  whereof,  I  have  hereunto  set 
my  hand  and  seal,  this  tenth  day  of  September,  1845. 

Signed,  sealed,  &c.,  as  above. 


A.  B. 


328  WILL. 

Clauses  to  be  inserted  in  a  Will. 

Clause,  forgiving  Debts  due  from  Relations. 

And  whereas  there  are  considerable  sums  of  money  due  and 
owing  to  me,  upon  bonds,  bills  and  otherwise,  from  my  relations 
hereinbefore  named,  it  is  my  will  and  true  meaning,  and  I  do 
hereby  direct,  that  the  same  bonds,  bills,  &c.,  immediately  after  my 
death,  shall  be  canceled  and  destroyed  by  my  said  executors. 
And  I  do  hereby  discharge  my  aforesaid  relations,  and  every  of 
them,  their  and  every  of  their  heirs,  executors  and  administrators, 
from  the  payment  of  every  debt  and  debts  due  and  owing  to  me 
or  my  estate,  upon  any  account  whatsoever,  without  any  abate- 
ment or  deduction  from  or  out  of  their  legacies,  before  by  me 
given  or  devised  to  them  respectively,  in  and  by  this  my  last  will 
and  testament. 

Proviso,  in  case  a  Wife  should  sue  for  Dower  and  Thirds. 

Provided  further,  and  my  will  expressly  is,  that  in  case  my  said 
wife  D.  shall  not  accept  of  the  provisions  and  legacies  hereinbefore 
by  me  made  and  given  her  as  aforesaid,  and  shall,  at  any  time  or 
times- hereafter,  prosecute  any  action  or  suit  for  dower,  thirds,  or 
any  other  part  of  my  estates,  real  or  personal,  other  than  what  I 
have  so  hereinbefore  devised  and  given  her,  then  and  in  that  case, 

the  several  annuities  of ,  and  amounting  together  to ,  and 

each  of  them,  and  all  other  legacies  and  bequests,  hereby  by  me 
before  given,  or  intended  her,  shall  cease  and  be  void,  to  all  in- 
tents and  purposes,  any  thing  to  the  contrary  notwithstanding. 

To  make  void  Limitations  where  persons  dispute  the  Validity 

of  a  Will. 

Provided  always,  and  I  do  hereby  declare  my  will  to  be,  that 
if  any  person  or  persons,  to  whom  any  estate  or  interest  is  given 
or  limited,  by  this  my  will,  shall,  in  any  court  of  law  or  equity,  or 
otherwise,  controvert  the  same,  or  dispute  or  call  in  question  the 
validity  thereof,  or  of  any  of  the  estates,  limitations,  powers, 
provisos,  or  dispositions,  hereby  limited,  or  given,  or  made,  or 
herein  contained,  then,  and  in  such  case  the  estates,  interests,  hmi- 
tations,  &c.,  so  hereby  limited,  &c.,  to  or  in  favour  of  such  person 
or  persons,  so  eontroverting  my  said  will,  shall  cease,  determine, 
and  be  absolutely  void,  to  all  intents  and  purposes  whatsoever, 
as  if  such  person  or  persons  was  or  were  naturally  dead ;  And 
then,  and  from  thenceforth,  such  estates,  interests,  limitations, 
powers,  provisos,  and  dispositions,  shall  go,  and  belong  to,  and  be 
vested  in  the  person  or  persons,  who,  by  virtue  of  this  my  will, 
shall  be  next  in  remainder,  after  the  person  or  persons  so  disputing 


WILL.  329 

as  aforesaid.  Provided  he,  she,  or  they  shall  not  controvert  or 
dispute  the  validity  of  this  my  will,  or  any  of  the  devises,  limita- 
tions, powers,  provisos,  or  dispositions  herein  contained,  or  hereby 
made.  tf- 

Clause  concerning  Disputes. 

My  express  will  and  desire  is,  that  if  any  difference  or  dispute, 
question  or  controversy,  shall  arise  or  happen  concerning  any  gift, 
bequest,  or  other  matter  or  thing  in  this  my  will,  the  same  shall 
be  referred  wholly  to  the  award,  order  and  determination  of  my 
esteemed  neighbours,  R.  S.  and  T.  V.,  with  power  for  them  to 
choose  an  umpire ;  but  if  they  or  either  of  them  should  not  be 
able  or  willing  to  act  in  the  premises,  then  I  do  direct  that  my 
eldest  son  and  eldest  daughter  shall  each  appoint  an  arbitrator  or 
arbitrators,  with  the  same  power  of  choosing  an  umpire;  and  what 
they  or  a  majority  of  them  shall  order,  direct  or  determine  therein, 
shall  be  binding  and  conclusive,  to  and  on  all  and  every  person 
and  persons  therein  concerned. 

Clause  as  to  Guardianship  of  Children. 

And  in  case  I  shall  leave  any  child  or  children  living  at  the  time 
of  my  decease,  my  will  is,  and  I  do  appoint,  that  my  said  dear 
wife  shall  have  the  guardianship  and  tuition  of  them  during  their 
minority  so  long  as  she  shall  continue  to  be  sole  ;  and,  in  case  of 
her  death  or  marriage,  during  the  minority  of  such  my  children, 
then  I  will  and  appoint  that  my  much  esteemed  and  loving  friend 
John  Williamson  shall  have  the  tuition  and  guardianship  of  them 
during  such  their  minority ;  and  in  case  of  his  refusal,  renuncia- 
tion, or  decease,  I  will  that  my  other  executor,  James  Richards, 
shall  exercise  the  said  guardianship  ;  and  I  earnestly  entreat  their 
utmost  care,  respectively,  in  and  about  the  morals  and  education 
of  my  children,  if  any  such  shall  happen  to  be,  and  to  survive  me; 
and  desire  that  they  maybe  brought  up  and  instructed  in  the  doc- 
trines and  religion  of  the church. 

Conclusion  and  Jit  testation  of  a  Will  loritten  on  several  sheets. 

I  do  hereby  make,  ordain,  constitute  and  appoint  A.  B.  and  C. 
D.  executors  of  this  my  last  will  and  testament,  hereby  revoking  all 
former  wills,  by  me  at  any  time  heretofore  made,  and  do  declare 
this  to  be  my  last  will  and  testament.  In  witness  whereof,  I,  the 
said  J.  S.,  have  to  this  my  last  will  and  testament,  contained  in  this 
and  the  four  preceding  sheets  (or  skins  of  parchment),  set  my 
hand  and  seal,  to  wit,  my  hand  to  the  bottom  of  each  of  the  said  ^ 
four  sheets  (or  skins)  and  my  hand  and  seal  to  this  last  sheet  (or 
skin)  and  my  seal  at  the  top  of  the  said  sheets  (or  skins)  where 

2c* 


330  WILL. 

all  the  said  sheets  (or  skins)  are  fixed  together,  this day  of 

,  one  thousand  eight  hundred  and  forty-four. 

The  writing  contained  in  this  and  the  four  preceding  sheets  (or 
skins)  was  signed  and  sealed  by  the  above-named  J.  S.,and  by 
him  published  and  declared  as  and  for  his  last  will  and  testa- 
ment, in  the  presence  of  us,  who  have  hereunto  subscribed  our 
names  in  his  presence,  and  in  the  presence  of  each  other. 

N.  S. 

T.  B. 

G.H. 


^ 


Renunciation  of  Executorship. 

Know  all  men  by  these  presents,  that  I,  D.  B.,  of,  &c.,  widow, 
executrix  named  in  the  last  will  and  testament  of  A.  B.,  late  of  the 
same  place,  yeoman,  have  renounced,  released  and  quit  claimed, 
and  by  these  presents  do  renounce,  release  and  quit  claim,  all  my 
right  and  title  to  the  said  executorship,  and  to  the  administration 
of  the  goods  and  chattels,  rights  and  credits  whatsoever,  which 
were  of  the  said  deceased  ;  and  desire  that  the  same  may  be  com- 
mitted to  my  son,  H.  B.,  or  to  such  person  or  persons  as  may  be 
entitled  thereto.     In  witness,  &c. 


Release  of  right  to  ^Administration,  by  Widoio. 

To  I.  A.,  Esquire,  Register  for  the  Probate  of  Wills  and  granting 
Letters  of  Administration,  in  and  for  the  county  of  Berks. 

Whereas  my  late  husband,  A.  B.,  died  intestate,  whereby  the 
right  of  the  administration  of  the  estate  of  the  said  deceased  did 
devolve  upon  me,  D.  B.,  widow  and  relict  of  the  said  deceased  : 
Now  know  ye,  that  for  divers  good  causes  and  considerations 
me  thereunto  moving,  I  have  released,  and  hereby  do  release,  all 
my  right  and  title  to  the  administration  of  the  said  estate.  Wit- 
ness my  hand  and  seal  the  first  day  of  March,  Anno  Domini,  one 
thousand  eight  hundred  and  thirty-seven. 


M.  B. 


Appointment  of  a  Guardian  by  a  Father  for  his  Son. 

Know  all  men  by  these  presents,  that  I,  Andrew  Brown,  of  the 
city  of  Norfolk,  and  state  of  Virginia,  tanner,  have  committed  and 
disposed,  and  by  these  presents  do  commit  and  dispose,  unto 
Paul  Davidson,  of  the  said  city,  the  custody,  tuition,  and  educa- 
tion of  my  son  Robert  Brown,  from  and  immediately  after  my 


WILL.  331 

decease,  until  my  said  son  shall  attain  the  age  of  twenty-one 
years ;  and  if  it  shall  happen  that  the  said  Paul  Davidson  dies 
before  me,  or  before  my  said  son  attains  the  age  of  twenty-one 
years,  then  and  in  such  case  I  do  commit  and  dispose  unto  Isaac 

Donaldson,  of ,  such  custody,  tuition,  and  education  after  my 

decease,  and  the  decease  of  the  said  Paul  Davidson,  until  my  said 
son  attains  the  age  of  twenty-one  years,  and  desire  the  said  Isaac 
Donaldson  to  take  upon  him  the  trouble  for  the  good  of  my  said 
son. 

(Q^  Till  the  age  of  twenty-one  years,  the  empire  of  the  father 
continues  even  after  his  death ;  for  he  may,  by  deed  or  will,  ap- 
point a  guardian  to  any  of  the  children  unmarried,  until  such 
child  attain  the  age  of  twenty-one,  or  for  any  less  time. — Black. 
Com.  462. 


Nuncupative  Wills. 

The  will  of  A.  B.,  of ,  made  and  declared  by  ?iim  on  the 

day  of ,  &c.,  at  the  house  of ,  No.  —  in street, 

in  the  city  of  Philadelphia,  being  then  and  until  and  after  his  de- 
cease, his  habitation  or  dwelling,  where  he  had  resided  for  the 

space  of days,  &c.,  next  before  the  making  of  his  said  will 

in  the  presence  of  us,  who  have  hereunto  subscribed  our  names, 
.as  witnesses  hereto.  "  My  will  is,"  &c.,  [recite  the  very  words.] 
These  words  or  the  like  effect,  the  said  deceased  declared  in  the 
presence  of  the  witnesses  whose  names  are  hereunto  subscribed, 
with  an  intention  that  the  same  should  stand  for  and  be  his  last 
will  and  testament,  and  he,  the  said  A.  B.,  bid  the  witnesses  or 
some  of  them,  to  bear  witness  that  such  was  his  last  will. 

C.  D. 
E.  F. 

Proviso, — that  if  the  estate  prove  insufficient  to  pay  all  legacies, 
the  legatees  to  sustain  loss  equally. 

And  my  further  will  is  that  in  case  the  said  several  legacies  or 
sums  of  two  hundred  dollars  each  hereinbefore  given  and  made 
payable  to  my  said  three  children  in  manner  aforesaid,  shall  by 
reason  or  on  account  of  any  debt  or  debts  due  and  owing,  or 
which  may  hereafter  grow  due  and  owing  to  my  personal  estate, 
or  by  any  other  losses,  misfortunes  or  means  whatsoever,  my  said 
estate  shall  prove  or  become  insufficient  to  answer  and  pay  to  my 
said  three  children,  or  any  of  them,  their  respective  full  legacies  of 
two  hundred  dollars  each,  at  the  times  and  the  manner  herein 
before  directed  and  appointed  for  the  payment  thereof,  then  and 
in  such  case  I  do  hereby  order,  will,  direct  and  appoint,  that  all 
such  losses  or  deficiencies  so  happening  to  my  said  estate,  shall 
be  borne  and  sustained  by  all  and  every  my  said  three  children, 
who  shall  then  be  entitled  to  the  said  legacies  of  two  hundred  dol- 


332  WRIT    OF    ERROR. 

lars  each,  and  that  in  equal  proportions,  share  and  share  alike,  any 
thing  in  this  my  will  contained  to  the  contrary  thereof  in  any  wise 
notwithstanding. 

WRIT  OF  ERROR. 

Precedents  to  obtain  Writ  of  Error  to  the  Supreme  Court  of 
Pennsylva7iia. 

Precipe. 

A.  B.,  plaintiff  in  error  and') 
plaintiff  below  [or  defendant     j^^^^  ^^^.^  ^^  ^^^^^  ^^  ^^^  ^^^^^ 
below,  as  the  case  may  be]       I      ^f  Common  Pleasof  Erie  Coun- 

t^  Tx    ^  r    ^  '  ^-  J  I      tv,  returnable  to  September  and 

C.  D.,defendant  m  error  and         J^^^^^^^  r^  ^^^^ 

defendant  below  [or  plamtiff  |  ' 

below,  as  the  case  may  be].     J       ^it^^f^^  Plaintiff  in  Error. 

December  10,  1844. 
A.  L.  Pentland,  Esq.,  Proth'y., 
Western  Dis.  Supreme  Court,  Pa. 

Affidavit. 
Erie  County,  ss. 

A.  B.,  the  above-named  plaintiff  in  error,  being  duly  sworn  ac- 
cording to  law,  deposeth  and  saith  that  the  writ  of  error  in  this 
case  is  not  intended  for  delay. 

Sworn  and  subscribed  the  ^ 

day  of  ,  A.  D.,  V 

1844,  before  me.  ) 

(J3*  The  oath  may  be  made  by  the  agent  or  attorney,  by  Act 
of  Assembly  of  the  nth  June,  1832. 

Recognizance. 

Erie  County,  ss. 

A.  B.,  G.  H.  and  J.  K.,  each  acknowledges  himself  to  owe  and 

stand  indebted  to  C.  D.  in  the  sum  of dollars,  to  be  levied  of 

their  goods  and  chattels,  lands  and  tenements  respectively,  upon 
this  condition,  that  the  above-named  A.  B.,  plaintiff  in  error,  pro- 
secute his  writ  of  error  with  effect,  or  in  default  thereof  will  pay 
the  costs  and  condemnation  money,  together  with  the  costs  of  this 
writ  of  error. 

Taken  and  acknowledged  the  10th  > 
day  of  December,  1844,  before  me.  .  5 

(f;y  In  order  to  operate  as  a  supersedeas  to  an  execution,  it  is 
necessary  there  should  be  two  sureties  in  the  recognizance. 


A  GLOSSARY 


TECHNICAL  LAW  TERMS. 


Ab  initio. — From  the  beginning.  • 

Actor. — A  Plaintiff.  • 

Adjinem  litis. — To  the  conclusion  of  the  suit. 

Ad  hominem. — "  To  the  person."  This  is  used  as  meaning  an  argument  touch- 
ing the  prejudice  or  qualities  of  the  person  addressed. 

Ad  idem. — "To  the  same."     To  the  like  intent. 

Ad  infinitum. — "  To  eternity."     To  the  utmost. 

Ad  inquirendum. — To  make  inquiry. 

Ad  libitum. — At  pleasure:  at  will. 

Ad  litem. — To  (or  in)  the  suit  or  (controversy). 

Ad  matrimonium  colendum. — To  contract  matrimony. 

Ad  medium  filum  aquae. — To  the  middle  line  of  the  water. 

Administrator  de  son  tort. — Administrator  in  his  own  wrong. 

Adpios  usus. — For  pious  purposes. 

Ad  sectam. — At  the  suit  of. 

Affidare. — To  plight  one's  faith,  or  give,  or  swear  fealty,  i.  e.,  fidelity. 

Affrayer. — To  terrify. 

A  fortiori. — By  so  much  the  stronger;  by  a  more  powerful  reason. 

Agalma. — The  impression,  or  image  on  a  seal. 

A  gratia. — From  (or  by)  favour. 

Alias  ca.  sa. — Another  writ  to  take  (the  person)  to  make  satisfaction. 

Alias  scire  facias. — "That  you  again  cause  to  be  informed."  A  second  writ  of 
scire  facias. 

Alibi. — "  In  another  place." 

Alibi  natus. — Born  in  another  place. 

A  mensa  et  thoro. — "  From  bed  and  board."  A  divorce  between  husband  and 
wife,  which  does  not  make  the  marriage  void,  ab  initio,  or  from  the  beginning. 

Ancient  demesne. — An  ancient  inheritance. 

Animalia  ferae  naturae. — Animals  of  a  wild  nature. 

Annates. — First  fruits. 

Apprendre. — To  learn — whence  the  word  "  apprentice." 

A  prendre. — To  take — to  seize. 

A  priori. — From  the  former. 

Arbiter. — An  arbitrator. 

Arrester. — To  stay :  to  arrest. 

Assumpsit. — He  undertook  (or  promised). 

Assumpsit  pro  rata. — He  undertook  agreeably  to  the  proportion. 

Autre  droit. — Another's  right. 

A  vinculo  matrimonii. — From  the  bond  of  marriage.    • 


334  GLOSSARY. 


Banco. — "  In  bench."     As  "dies  in  banco"  or  days  in  which  the  court  sits. 

Bancus  ruptus. — "  A  broken  bank."     From  which  the  word  "  Bankrupt." 

Barat. — "  A  quarrel,"  a  dispute.     From  which  the  word  "  Barratry." 

Baron  el  feme. — The  husband  and  wife. 

Basileus. — A  king;  a  governor. 

Billa  vera. — A  true  bill. 

Bona. — Goods  :  personal  estate.  Lord  Coke  says  this  word  includes  all  chat- 
tels, as  well  real  as  personal.  Co.  Lit.  118,  6.  It  is,  however,  generally  used  to 
designate  movable  property. 

Bona  fide. — In  good  faith. 

Bonajidei. — Of  good  faith,  or  credit. 

Bonus. — A  consideration  given  for  what  is  received:  a  premium  paid  to  a 
grantor  or  vendor. 

Boles. — Wood  cut  off  a  farm  by  the  tenant  for  the  purposes  of  repairing  dwell- 
ing-houses, barns,  fencing,  &c,,  which  the  common  law  allows  him,  without  any 
prior  agreement  made  for  that  purpose. 


Camera  stellata. — "  The  star  chamber."  An  odious  court  once  held  in  England* 
but  many  years  since  abolished. 

Capiat. — "  You  may  take."     A  writ  authorizing  the  defendant's  arrest. 

Capias  ad  computandum. — That  you  take  (defendant)  to  make  account. 

Capias  ad  respondendum. — That  you  take  (defendant)  to  make  answer. 

Capias  ad  satisfaciendum. — That  you  take  (defendant)  to  make  satisfaction. 

Capias  ad  vakntiam. — That  you  take  to  the  value. 

Capias  in  withernam. — That  you  take  a  reprisal. 

Capos  pro  fine. — That  you  take  for  a  fine. 

Causa  causans. — The  moving  cause. 

Causa  impotentise. — On  account  of  impotence. 

Causa  mortis. — On  account  of  death :  in  prospect  of  death. 

Caveat. — That  he  beware:  a  warning. 

Cepi  corpus. — I  have  taken  the  body. 

Certiorari. — "  To  be  certified  of:  to  be  informed  of."  A  writ  directing  the  pro- 
ceedings, or  record  of  a  cause,  to  be  brought  before  a  superior  court. 

Cestui  que  trusts. — Persons  for  whose  use  another  is  seised  of  lands,  &c. 

Cestui  que  use. — A  person  for  whose  use  land,  &c.,  be  given  or  granted. 

Cestui  que  vies. — Persons  for  whose  lives  a  gift  or  grant  is  made. 

Chose  in  action. — A  thing  in  action. 

Clausum  f regit. — He  broke  the  close,  or  field.  ' 

Cognovit  actionem. — "  He  has  acknowleged  the  action."  After  suit  brought,  the 
defendant  frequently  confesses  the  action ;  judgment  is  then  entered  on  the  record 
without  trial :  or  the  defendant  signs  an  instrument  called  a  cognovit. 

Committitur. — He,  or  she  is  committed. 

Compensatio  criminis. — A  compensation  for  crime.  . 

Compos  mentis. — "  Of  sound  mind."  A  man  in  such  a  state  of  mind  as  to  be 
qualified  legally  to  sign  a  will,  or  deed,  &c. 

Connubium. — Matrimony  between  citizens. 

Consan^tmei.— Relations. 

Contra  bonos  mores. — Against  good  morals. 

Corpora  cepi. — I  have  taken  the  bodies. 

Covert. — Married. 

Crim.  con. — Illicit  connection  (adultery). 

D 

Damage  feasant. — Doing  damage. 

Data — "  Things  granted."  We  must  proceed  on  certain  "  £?a/a,"  that  is,  on 
matters  previously  admitted  to  be  correct. 

Datum. — A  thing  granted:  a  point  fixed  upon:  a  first  principle. 
De  bene  esse. — Conditionally. 


GLOSSARY.  335  . 

Debet  et  detinet. — He  owes  and  detains. 

Be  bonis  non. — Of  goods  not  (administered). 

De  bonis  non  administrandis. — Of  goods  unadministered. 

Decemviri. — "  Ten  men."  They  were  appointed  to  compose  the  twelve  tables 
of  the  laws  for  the  Roman  people. 

De  clauso  facto. — Of  a  close  made. 

De  clauso  fracto. — Of  a  close  broken.  * 

De  corpore  suo. — Of  his  own  body. 

De  die  in  diem. — From  day  to  day. 

De  facto. — Of  the  deed :  in  fact. 

Defeasance. — A  conditional  undertaking  to  annul  the  effect  of  a  bond,  &c. 

De  gratia. — As  a  matter  of  grace  or  favour. 

Dejure — de  facto. — "From  the  law:  from  the  fact."  Sometimes  an  offender  is 
guilty  the  moment  the  wrong  is  committed — then  he  may  be  said  to  be  guilty  "  de 
facto."  In  other  cases  he  is  not  guilty  until  he  be  convicted  by  law,  then  he  is 
guilty  "r/ejwre." 

Delictum. — A  fault,  offence  or  crime. 

De  novo. — Anew:  afresh. 

De  prsesenti. — Of  the  present  time. 

Dernier  resort. — The  last  resort. 

Desiderata. — Requisites.  -. 

De  son  don. — Of  his  gift. 

De  son  tort. — "  Of  his  own  wrong."  This  was  part  of  a  plea  very  similar  to 
son  assault  demesne. 

Detinet. — He  keeps :  he  detains. 

Detinuit. — He  has  detained. 

De  ultra  mari. — Of  (the  matter)  beyond  sea. 

Devastavit. — He  wasted. 

Devastavit,  nolens  volens. — He  wantonly  (or  wickedly)  committed  waste. 

De  vasto  facto. — Of  waste  committed. 

Dicta. — Sayings:  remarks:  observations. 

Dies  amoris. — The  days  of  grace:  the  Essoin  days. 

Dies  communis  in  banco. — The  common  (or  usual)  day  in  bank. 

Dies  in  banco. — "  Days  in  bank."  Days  on  which  the  courts  sit  to  hear  motions 
in  arrest  of  judgment;  for  new  trials,  &c. 

Domesday — or  Domesday  Book — A  book,  showing  the  tenures,  &c.,  of  most  of 
the  lands  in  England,  in  the  time  of  William  the  Conqueror. 

Domitae  naturae. — Of  a  tame  nature. 

Donatio. — A  gift:  a  donation. 

Droit  des  gens. — The  law  of  nations.  »■ 

Duces  tecum. — "That  you  bring  with  you." 

[A  subpoena  so  called  when  the  person  is  commanded  to  produce  books,  papers, 
&c.,  to  the  court  and  jury.] 

Dumfuit  non  compos  mentis. — Whilst  he  (or  she)  was  of  unsound  mind. 


Eat  sine  die. — Let  him  go  without  day  (or  be  discharged). 

E  converso. — On  the  other  hand:  on  the  contrary. 

Elegit. — "  He  has  chosen."  A  judicial  writ  directed  to  the  sheriff,  empowering 
him  to  seize  one  moiety  of  the  defendant's  lands  for  damages  recovered. 

Ensient  per  A. — Pregnant  by  A. 

En  ventre  sa  mere. — ^In  the  womb. 

Error  coram  nobis. — Error  (lying)  before  us. 

Eruditus  in  lege. — "  Learned  in  the  law."     A  counsel. 

Escrow. — A  deed  or  writing  left  with  another,  to  be  delivered  on  the  perform- 
ance of  something  specified. 

Essoiner. — To  excuse. 

Estoppel. — "  A  stop:"  a  preventive  plea. 

Estovers — Wood  cut  from  a  farm  by  the  tenant,  which  by  the  common  law  he 
has  a  right  to  use  on  the  estate  for  necessary  purposes. 

Et  ad  hue  detinet. — And  he  still  detains. 


336  GLOSSARY. 

Et  non  alibi. — And  in  no  other  place. 

Excerpta. — Extracts. 

Ex  contractu. — By  way  of  agreement. 

Ex  curia. — Out  of  court. 

Ex  delicto. — By  (or  from)  a  fault  or  offence. 

Executor  de  son  tort. — "An  executor  of  his  own  wrong:"  one  who  acts  ille- 
gally in  the  office. 

Ex  facto. — From  (or  by)  the  deed. 

ExJHsta  causa. — For  a  good  reason  (or  cause). 

Ex  lex. — An  outlaw.  * 

Ex  officio. — Officially:  by  virtue  of  the  office. 

Exoneretur  nunc  pro  tunc. — Let  him  (or  it)  be  now  discharged,  instead  of  at 
some  past  time. 

Ex  parte  materna. — On  the  part  of  the  mother. 

Ex  parte  paterna. — On  the  part  of  the  father. 

Ex  parte  quserentis.— On  the  part  of  the  plaintiff. 

Ex  post  facto. — From  (or  by)  an  after  act. 

Ex  relatione. — "By,  or  from,  relation."  Sometimes  the  words  mean  "by  the 
information." 

Ex  tempore. — Out  of  hand  (without  delay,  or  premeditation). 

Ex  visitatione  Dei. — From  the  visitation  of  God. 


Facias. — That  you  do  (or  cause  to  be  done). 

Fac  simile. — Do  the  like:  a  close  imitation. 

Falsare  curiam. — To  deceive  the  court.  "        " 

Felo  de  se. — A  suicide  :  a  self-murderer. 

Feme  covert.— A  married  woman. 

Feme  ,iole. — An  unmarried  woman. 

Feme  sole  sub  modo.—A  single  woman,  to  a  certain  extent 

Feoffare. — To  enfeoff:  or  grant  in  fee. 

Ferae  naturae.— 0(  a  wild  nature. 

Feudum.—A  fee:  land  held  in  fee  simple. 

Fiat. — Let  it  be  done. 

Fief. — "  A  fee."  What  we  call  a  fee,  is  in  other  countries,  the  contrary  to 
chattels.  In  Germany,  certain  districts  or  territories  are  called  "Fiefs,"  where 
there  are  Fiefs  of  the  Empire. 

Fieri.— To  be  made,  or  done. 

Fieri  Facias. — That  you  cause  to  be  made,  or  done;  or  levied.  A  writ  of  exe- 
cution so  called. 

Filum  aquae.— The  middle  of  the  water  (or  stream). 

Flotsam. — Goods  floating  on  the  sea. 

Forma  legalis. — A  legal  form. 

Forum. — A  court,  or  place  of  justice. 

Franchise. — A  privilege,  or  exemption. 

Frank-almoign. — A  free  gift. 


Gavelkind. — A  peculiar  tenure  of  land. 
Generosus.—A  gentleman. 

Gleaning.— Leasing,  or  Lesing,  from  "glainer,"  i.  e.,  gathering  loose  com  in  the 
fields  after  reaping. 

Guardian  ad  litem. — A  guardian  in  the  suit. 

H 

Habeas  corpora. — That  you  have  the  bodies. 

Habeas  corpus. — "  That  yo\x  have  the  body."    The  great  writ  of  the  people's 
liberty. 


GLOSSARY.  337 

Habeas  corpus  ad  respondendum. — That  you  have  the  body  to  answer. 

Habeas  corpus  ad  satisfaciendum. — That  you  have  the  body  to  make  satisfac- 
tion. 

Habeas  corpus  ad  testijicandum. — That  you  have  the  body  to  give  evidence. 

Habeas  corpus  cum  causa. — That  you  have  the  body  with  fhe  cause  (why  he  is 
arrested). 

Habendum  et  tenendum. — To  have  and  to  hold. 

Hiatus. — An  opening:  a  chasm. 

Hospitia  curise. — Inns  of  court.-   - 

Hospiiium. — An  Inn. 

Idem  dies. — The  same  day :  a  like  day. 

Idem  per  idem. — Like  by  like. 

Ignoramus. — "  We  are  ignorant."  A  word  written  on  a  bill  of  indictment  when 
the  evidence  is  insufficient  to  put  the  accused  on  his  trial. 

Imparlance. — A  time  granted  by  the  court  for  the  defendant  to  plead. 

Imperium  in  imperio. — "One  government  within  another:"  which  has  been 
wittily  expressed  "a  power  behind  the  throne."  Some  power  acting  irrespon- 
sibly within  the  government,  but  not  always  discernible. 

Impel  ere. — To  impeach— to  sue — to  attach. 

In  abstracto. — In  the  abstract.  * 

In  articuh  mortis. — At  the  point  of  death. 

In  autre  droit. — In  right  of  another. 

In  banco  Regis. — In  the  King's  Bench. 

In  capite. — In  chief.  Lands  held  "m  capite"  are  those  held  of  the  chief  lord 
of  the  fee. 

Incipitur. — It  is  begun. 

In  colloquio, — In  a  discourse. 

In  delicto. — In  an  offence:  or  in  default. 

In  dominio  suo. — In  his  demesne ;  or  lordship. 

In  dorso— On  the  back. 

In  dubiis. — In  doubtful  cases. 

In  esse. — In  being. 

In  eventu. — In  the  end,  or  event. 

In  exlenso. — At  large  :  to  the  extent. 

In  extremis.— In  the  last  moments ;  near  death. 

Infeudare. — To  enfeoff:  grant  in  fee. 

In  infinitum. — To  infinity — time  without  end. 

In  loco  haeredis. — In  the  place  of  the  heir. 

In  loco  parentum. — In  the  place  of  the  parents. 

In  muriua  manu. — In  mortmain:  in  a  dead  hand  or  possession. 

In  omnibus. — In  all  things. 

In  pais. — In  the  country. 

In  pari  delicto. — In  a  like  offence  (or  crime). 

In  personam. — To  or  against  the  person. 

Inpios  usus. — For  pious  purposes. 

In  plena  comitatu.—ln  full  assembly  of  the  county  :  in  full  county  court. 

In  potestate  parentis. — In  the  power  of  the  parent. 

In  praesenti. — At  the  present  time. 

In  propria  jure. — In  (his)  proper  (or  peculiar)  right. 

In  propria  persona. — In  his  own  person:  in  personal  attendance. 

In  puris  naturalibus. — In  a  state  of  nature. 

In  rem. — To,  or  against  the  property.    To  the  point. 

In  rerum  natura. — In  the  nature  (or  order)  or  things. 

Inscriptum. — An  indorsement. 

Instnr  dentium. — "Like  teeih" —  similar  to  the  top  of  an  ancient  indenture,  that 
word  being,  as  supposed,  derived  from  "  instar  dentium." 

In  stirpes. — To  the  stock  or  lineage. 

Inaultus. — An  assault. 

In  suo  jure — In  his  own  right 
2  D 


338  GLOSSARY. 

Insurredio  populi. — An  insurrection  of  the  people. 

Inter  mcenia. — Within  the  walls:  within  the  domicile. 

Inter  nos. — Between  ourselves:  that  is  (inter  nosj  to  keep  a  secret. 

Interregnum. — A  space  between  two  reigns. 
•  Interregnum  quai^  clausum  fregit?—la  the  mean  time  why  did  he  break  the 
dose! 

In  terrorem. — By  way  of  terror  (or  warning). 

Intoto. — In  the  whole:  altogether:  entirely. 

In  transitu.—"  In  the  passage."    Merchandize  is  said  to  be  "  in  transitu"  while 
on  its  way  to  the  consignee. 

In  vadio.— In  pledge. 

In  ventre  sa  mere. — In  its  mother's  womb. 

Ipso  facto. — By  the  fact  itself:  positively.  9 

Ipso  jure. — By  the  law  itself — or  by  that  right. 

Ita  lex  seripta. — So  the  law  is  written. 


Jetsam. — Goods  thrown  into  the  sea. 
Jura  in  re— Rights  in  the  matter,  or  thing. 
Jura  personarum. — The  rights  of  persons. 
Jura  rertim. — The  rights  of  things. 
Jure  divino.— By  right  divine. 
Jure  gentium. — By  the  law  of  nations. 
Jure  humano. — By  human  law  (or  right). 
Jure  marili. — In  right  of  the  husband. 
Jure  naturae. — By  the  law  of  nature. 
Jure  uxoris. — In  right  of  the  wife. 
Jus  ad  rem. — A  right  to  the  property. 
Jus  civik. — The  civil  (or  municipal  law). 
Jus  in  re. — The  right  in  the  property. 
Jus  suum. — His  own  right. 


Laches. — Neglect:  supineness. 

Lacta. — "  A  defect  in  the  weight  of  money :"  whence  probably  comes  the  word 
"  Lack." 

Levari  facias . — That  you  cause  to  be  levied. 

Levari  facias  de  bonis. — That  you  cause  to  be  levied  of  the  goods. 

Lex. — "  The  Law."  This  word  among  the  ancient  Romans,  was  often  taken 
in  the  same  general  sense  as  Jus  (Right).  When  we  find  Lea;  put  absolutely,  the 
law  of  the  Twelve  Tables  is  meant. 

Lex  fori. — The  law  of  the  court. 

Lex  nan  seripta. — The  unwritten,  or  common  law :  that  which  has  been  re- 
ceived from  time  immemorial  by  tradition. 

Lex  seripta. — The  written  or  statute  law. 

Lex  talionis. — The  law  of  requital  in  kind:  "An  eye  for  an  eye,"  &c.,  as  in  the 
Mosaic  law. 

Libelli  famosi. — Libels  :  infamous  writings. 

Libellus  sine  scriptis. — An  unwritten  libel. 

Liber  homo. — A  free  man. 

Loco  parentis. — In  the  place  of  the  parent. 

M. 

Magna  Charta.— The  Great  Charter:  the  bulwark  of  English  liberty. 

Mala  fide.— In  bad  faith :  with  intent  to  deceive. 

Mala  in  se. — Things  bad,  or  wicked,  in  themselves. 

Mala  prohibit  a. — Wrongs  forbidden  (by  common  law). 

Malfeasance. — Doing  wrong:  a  bad  act. 

Mala  animo. — With  a  bad  intent.  » 


^ 


GLOSSARY.  339 

Malum  in  ae. — Bad  ia  itself:  wrong  in  its  own  nature. 
Malum  prohibitum. — A  prohibited  offence. 

Mandamus. — "  We  command."  A  peremptory  writ,  issued  for  many  purposes. 
Munuforti. — With  a  strong  hand:  by  violence. 

Mesne. — "Middle:  intervening."  The  middle  between  two  extremes,  and  that 
either  in  time,  or  dignity. 

Meum  et  iuum. — Mine  and  thine. 

Misfeasance. — A  misdeed. 

Modo  et  forma. — In  manner  and  form. 

Moot. — Doubtful :  a  term  anciently  used  in  the  Inns  of  Court. 

Mortii  causa. — The  occasion  of  death. 

Mortmain — Manus  mortua. — A  dead  hand,  or  an  unchangeable  possession. 

Mulier. — "  A  woman."    Generally  applied  to  married  women. 

Muiatus  mutandis. — The  necessary  changes. 

N 

Narraiio, — Often  abbreviated  Narr\    A  declaration :  a  count. 

Naufrage. — Sh  i  p  w  reck. 

Nihil  debet. — He  is  not  indebted. 

Nihil  dicit. — He  says  nothing. 

Nil  debet. — "  He  owes  nothing."     The  usual  plea  in  an  action  of  debt. 

Nil  debet  in  assumpsit. — He  is  not  indebted  in  (the  action  of)  assumpsit.    . 

Nil  dicit. — He  says  nothing. 

Nisi  Prius. — "Unless  before."  These  words  generally  designate  the  proceed- 
ings before  a  judge  and  jury  in  a  suit  at  law,  either  at,  or  after  the  sittings  of  a 
term,  or  upon  the  circuit. 

Nolens  volens. — Willing  or  unwilling. 

Nolle  prosequi. — "To  be  unwilling  to  proceed."  Generally  used  in  criminal 
cases,  when  further  proceedings  are  discontinued. 

Non  cepit. — He  did  not  take. 

Non  compos  mentis. — Not  of  sound  mind  :  in  a  delirium  of  lunacy. 

Non  damnijicatus. — Not  damnified  :  not  injured. 

Non  debet. — He  does  not  owe. 

Non  est  inventus. — "  He  is  not  found."  The  return  made  hy  a  sheriff  when  the 
defendant  is  not  found  in  his  county. 

Nonfeasance. — Non-performance. 

Nonpros". — He  will  not  prosecute. 

Non  prosequitur. — He  does  not  proceed:  he  is  nonsuited. 

Non  sum  informatus. — I  am  not  informed  :  I  am  ignorant. 

Non  tenuit. — He  did  not  occupy  (or  hold). 

Nudum  pactum. — A  bare  (or  naked)  contract:  one  not  binding  in  law. 

Nul  assets  ultra. — No  further  effects. 

Nulla  bona. — No  effects. 

Nul  tiel  corporation. — No  such  corporation. 

Nul tiel record. — "No  such  record."  This  is  part  of  the  plaintiff's  rejoinder, 
that  there  is  no  such  record;  where  the  defendant  alleges  matter  of  record  in  bar 
of  the  plaintiff's  action. 

Nul  tort. — "  No  wrong."  A  plea  in  a  real  action,  that  no  wrong  was  done,  and 
is  a  species  of  the  general  issue. 

Nunc  pro  tunc. — "Now  for  that  time."  These  words  are  frequently  used  in 
legal  or  equitable  proceedings,  where  something  is  permitted  to  be  done  "  eo  in- 
stanti"  which  should  have  been  performed  some  time  before. 


On  dit. — A  loose  report. 

Ouster. — A  dispossession. 

Overt. — Open:  public. 

Oyer  et  terminer. — To  hear  and  determine. 


340  GLOSSARY. 

p 

Parole. — Verbally. 

Per  annum:  per  diem. — By  the  year :  by  the  day. 

Per  autre  vie. — For  the  life  of  another. 

Per  capita. — "  By  the  heads  or  polls :"  a  division  share  and  share  alike.  " 

Per  due/lum. — By  single  combat. 

Per  se. — By  himself,  herself,  or  itself. 

Per  stirpes. — By  stock:  by  lineage. 

Per  totam  curiam. — By  the  whole  court. 

Per  verba  defuturo. — By  words  of  future  acceptation. 

Per  verba  de  prsesenti. — By  words  of  the  present  time.  ,u 

Per  viam  ellemosynx. — By  way  of  charity,  or  alms. 

Piepoudre. — The  pie  powder  court.  This  is  a  court  held  at  some  of  the  great 
fairs,  in  England,  where  justice  is  administered  instantly,  even  whilst  the  dust  it 
fresh  upon  the  feet  of  the  suitors. 

Plagium. — Man  stealing;  or  enticing  away  men  and  children. 

Plena  fides. — Full  credit. 

Pluries. — "  Very  often."  Also  the  name  of  a  third  writ,  after  two  have  issued 
against  a  defendant. 

Pone. — "  Put."     The  name  of  a  writ  or  process  in  replevin. 

Posse  comitatus. — "  The  power  of  the  county,"  which  the  sheriff  is  authorized 
to  call  out,  whenever  an  opposition  is  made  to  his  writ,  or  to  the  execution  of 
justice. 

Post  diem. — After  the  day. 

Postea. — "  Afterwards."  The  name  given  to  the  endorsement  of  the  verdict 
_  made  on  the  record. 

Post-mortem. — After  the  death. 

Post  nati. — After-born. 

Post  obit. — After  the  death. 

Post  terminum. — After  the  term. 

Praecipe. — Command. 

Praecipe  in  capite. — A  writ  of  right  so  called. 

Praetor. — A  Magistrate  :  a  Consul:  a  Judge  among  the  ancient  Romans. 

Praetor fidei  commissarius. — The  Judge  among  the  ancient  Romans,  who  com- 
pelled the  performance  of  trusts:  and  who  appears  to  have  had,  in  this  respect^ 
a  similar  office  to  our  Chancellors. 

Prendre. — To  take. 

Prima  facie. — On  the  first  view  or  appearance  of  the  business. 

Prochein  ami. — The  nearest  friend. 

Propria  jure. — In  its  proper  right. 

Proprio  vigore. — In  full  force  (or  effect). 

Pro  rata. — According  to  the  rate,  proportion  or  allowance. 

Pro  tanto. — For  so  much. 

Pur  autre  vie. — For  the  life  of  another. 


Q 

Quantum  maximum. — Far  the  greatest. 
Quantum  valebat. — As  much  as  it  was  worth. 

Quare  clausum  f regit? — Wherefore  (or  why)  did  he  break  the  close  1 
Quasi  ex  contractu. — In  nature  of  a  contract. 
Quasi  ex  delicto. — As  of  an  offence  (or  crime). 
Quid  pro  quo. — A  mutual  consideration. 
Quoad  hoc. — With  respect  to  this. 
Quo  animo? — With  what  intent  1 
Quod  detinuit. — Which  he  (or  she)  detains. 

Quo  warranto. — "  By  what  authority."    The  name  of  a  writ  against  a  person 
who  has  usurped  a  franchise,  or  an  office. 


GLOSSARY.  341 

R  ** 

Recordare. — To  remember  (to  record). 

Rectus  in  curia. — "Untainted  in  court."     With  clean  hands. 

Reddendum. — To  pay:  to  yield:  to  render:  the  reservation  of  rent,  &c.,  in  a 
deed. 

Registrum. — A  registry :  a  place  for  depositing  wills,  deeds,  &c. 

Remitter. — To  restore  (or  send  back). 

Repkgiari  facias. — That  you  cause  to  be  replevied. 

Rescous. — A  rescue. 

Residuum.  "The  remainder."  Frequently  applied  to  that  part  of  the  testa- 
tor's estate  not  specially  disposed  of. 

Res  integra, — An  entire  (new,  or  untouched)  matter. 

Respondentia. — Botto  m  ry . 

Respondere  non  debet. — He  ought  not  to  answer. 

Responsa  prudentum, — The  opinions  of  learned  men. 

Retoma  brevium.    The  return  of  writs, 

Reversetur. — Let  it  be  reversed. 


Sacrare. — To  outlaw. 

Sacrilegium. — Sacrilege.     Also  any  detestable  or  odious  crime. 

Sans  issue. — Without  children.  • 

Scandatum  magnatum. — The  scandal  against  the  peerage." 

Scienter. — Knowingly  :  wilfully. 

Scintilla. — A  tittle  :  a  spark. 

Scire  facias. — That  you  make  known.  This  is  the  name  of  a  writ  for  many 
purposes,  commanding  the  defendant  to  show  cause  why  a  certain  specific  thing 
should  not  be  done,  as  why  execution  should  not  issue  on  an  old  judgment,  &c. 

Scire  fieri. — To  be  informed. 

Secta. — A  suit:  litigation:  also  the  pledges  produced  that  the  plaintiff  should 
prosecute  his  claim. 

Secundis  ventis. — With  favourable  winds. 

Sed per  curiam. — But  by  the  court. 

Semble.—li  seems.  ^ 

Sequestrari facias. — That  you  cause  to  be  sequestered. 

•StVie  6?«e.—"  Without  day" — as  the  court  adjourned  "smc  <fie" — no  day  being 
mentioned  for  sitting  again. 

Sine  qua  non. — An  indispensable  condition. 

Soccagium. — "  Socage."  This  was  a  tenure  by  which  considerable  estates  were 
held  under  the  feudal  system.  The  tenants  performed  husbandry,  &c.,  for  the 
superior  lord  of  the  fee. 

•Son  assault. — His  own  assault. 

Sparsim. — Scattered  about:  in  several  places. 

Sponsalia. — Marriage  contracts.  -. 

Sponsio  fudicialis. — A  judicial  agreement. 

Sponsiones  ludicrse. — Ridiculous  answers.  « 

Stirps. — The  stock:  lineage:  race. 

Stricti juris. — Of  strict  right  (or  law). 

Suaviter  in  modofortiter  in  re. — Gentle  in  the  manner,  but  vigorous  in  the  exe- 
cution. 

Subfinem. — Under  a  penalty. 

Sub  modo. — Under  a  condition  :  within  bounds. 

Subpoena. — "Under  a  penalty."  A  writ  so  called  to  procure  the  attendance  of 
witnesses. 

Subpoena  ad  testificandum. — A  subpoena  to  give  evidence. 

Subpoena  duces  tecum. — "  Bring  with  you  under  a  penalty."  The  name  of  a 
writ,  by  which  a  witness  is  commanded  to  produce  something  in  his  possession, 
to  be  given  in  evidence. 

Sub  potestate  parentis. — Under  the  authority  of  the  parent. 

2d* 


JJjJB^' 


342  GLOSSARY. 

Sub  potestate  viri. — Under  the  control  of  the  basband. 

Subsidium  justitisR. — An  aid  to  justice. 

Sub  ape  recondliationis, — In  the  hope  of  reconciliation. 

Suggestio  falsi. — A  suggestion  (or  incitement)  to  falsehood,  or  wrong. 

Sui  generis. — "  Of  its  own  kind."  Not  to  be  classed  under  any  ordinary  de- 
scription. 

Sui juris. — Of  his  own  right. 

Supersedeas. — "  You  may  remove  or  set  aside."  A  writ  so  called  to  stay  pro- 
ceedings. 

Supra  protest. — An  acceptance  of  a  bill  after  protest. 

Sur  la  pie.— Atthe  foot. 

Sur  rebut. — Upon  rebutter.  ■  ,    ^^ 

Surrejoin. — Upon  rejoinder. 

Sursum  redditio. — A  surrender:  a  yielding  back. 

Sur  trover, et  conversion. — Upon  trover,  and  conversion. 


Tenendum. — "  To  hold."  That  clause  in  a  deed  wherein  the  tenure  of  the 
land  is  created,  and  limited. 

Terminus. — The  end,  limit  or  boundary:  sometimes  it  means  the  stock  or  root, 
to  which,  by  reference,  the  future  succession  is  to  be  regulated. 

Terre  tenant. — The  tenant  who  occupies  the  land :  he  who  has  the  actual  pos- 
session. 

Tertia. — The  third  part:  the  ancient  term  for  dower. 

Testari. — To  be  witnessed. 

Testatum. — It  is  testified. 

Testatum  capias. — That  you  take  the  person  testified  (or  to  have  been  proceed- 
ed against  elsewhere). 

Testatum  fieri  facias. — That  you  cause  the  testified  writ  to  be  executed. 

Testatum  pluries. — A  testified  process  issued  more  than  twice. 

Teste. — The  dale:  the  supposed  issuing  of  process. 

Tort. — A  wrong:  an  injury. 

Tort-feasor. — A  wrong  doer :  a  trespasser. 

Tout  ensemble. — The  whole  together. 

Tresor  trouve. — "Treasure  trove,  or  found."  Money  or  property  found,  of  which 
no  person  make»a  claim  within  a  year  and  a  day;  it  then  belongs  to  the  king,  or 
the  lord  of  the  manor. 

Trespass,  quare  clausum  f regit. — Trespass,  wherefore  he  broke  the  close. 

Trespass  vi  et  armis,  de  uxore  rapta  et  abducta. — Trespass  with  force  and  arms, 
concerning  a  wife  taken  and  carried  away. 

Triens. — A  third  part :  an  ancient  term  for  dower. 

Trina  admonitio. — The  third  summons. 

U 

Ubi  supra. — "  Where  above  mentioned."  A  reference  to  the  preceding  sub - 
ject- 

Vltimum  suppUcium. — The  last  atonement :  death. 
Ultra  mare. — Beyond  sea. 
Z7»ance.— Usury :  interest. 


Vacatur. — It  is  set  aside:  vacated. 

Venditioni  exponas. — That  you  expose  to  sale. 

Venditor. — A  seller. 

Venire. — To  come. 

Venire  ad  respondendum. — To  come  to  make  answer. 

Venire  de  novo. — To  corne  anew. 

Venue. — The  place  from  which  the  jury  come. 


GLOSSARY.        ^  343 

Verbatim  et  Rteratim. — Verbally  and  literally. 

Vice  versa. — On  the  contrary.  _ 

Viet  armis. — By  force  and  arms :  by  unlawful  means.  * 

Vinculo  matrimonii. — In  the  bond  of  wedlock. 

Viva  voce. — Verbally. 

Voire  dire. — Witnesses  are  sometimes  examined  upon  "voire  dire"  previously 
to  their  being  examined  in  chief:  this  is  done  to  ascertain  whether  they  are  in- 
terested in  the  cause  at  issue,  or  labour  under  any  other  incapacity  which  may 
render  them  incompetent  to  give  evidence. 

Vottchee. — The  person  vouched  in  a  writ  of  right,  &c. 

Voucher. — A  word  of  art  when  the  tenant  in  a  writ  of  right,  calls  another  into 
the  court,  who  is  bound  to  him  to  warranty;  and  is  either  to  defend  the  right 
against  the  demandant,  or  yield  him  other  lands  to  the  value. 


f 


APPENDIX. 


PRECEDENTS  FOR  PROCEEDINGS  IN  ADMIRALTY  COURTS. 

Remarks. 

Admiralty  is  the  name  of  a  jurisdiction  which  takes  cognizance  of  transactions 
and  proceedings  relative  to  Commerce  and  Navigation,  and  to  damages  or  injuries 
upon  the  sea. 

The  Constitution  of  the  United  States  has  conferred  upon  the  Courts  of  the 
National  Government,  cognizance  "of  all  cases  of  Admiralty  and  Maritime 
jurisdiction."  The  Act  of  Congress  of  September  24th,  1789,  has  given  the  Dis- 
trict Courts  of  the  United  States  "cognizance  of  all  civil  causes  of  Admiralty  and 
Maritime  jurisdiction,"  including  all  seizures  under  laws  of  imposts,  naviga- 
tion or  trade  of  the  United  States,  where  the  seizures  are  made  on  waters  navi- 
gable from  the  sea,  by  vessels  often  or  more  tons  burthen,  within  their  respective 
districts,  as  well  as  upon  the  high  seas.  For  further  information  see  Dunlap's 
Admiralty  Practice;  Belt's  Adm.  Practice;  Hall's  Adm.  Pr.;  1  Kent's  Com.  353 
to  380;  2  Gall.  R.  398  to  476;  2  Chit.  Pr.  508;  Bac.  Ab.  Courts  of  Adm.;  Story's 
L.  U.  S.,  vol.  1st,  56,  60 ;  2  do.  905 ;  3  do.  1564, 1696 ;  4  Sharswood  Con.  of  Story's 
L.  U.S.,  2262;  1  U.  S.,  Dig.  tit.  Admiralty  Courts,  and  other  works  on  that  subject.^ 

Libel  for  Manners'  Wages,  with  a  Claim  and  Answer. 

UiriTBD  States  of  America,  Easterit  District  of  PEiTNSTLVAiriA,  ss. 

Term,  18—. 

To  the  Honourable  Archibald  Randall,  Judge  of  the  District  Court  of  the  United 
States,  in  and  for  the  Eastern  District  of  Pennsylvania. 

The  libel  and  complaint  of  A.  B.,  of ,  late  mariner  of  the  ship , 

whereof  C.  D.  now  is  or  late  was  master,  against  the  said  ship,  her  tackle,  apfarel 
and  furniture,  and  against  all  persons  lawfully  intervening  for  their  interest  therein, 
in  a  cause  of  subtraction  of  wages,  civil  and  maritime.*  And  thereupon  the 
said  A.  B.  alleges  and  articulately  propounds  as  follows  : 

♦  If  the  libel  be  in  personam,  it  should  commence  as  follows: 

"The  libel  and  complaint  of  A.  B.,  of ,  late  mariner  of  the  ship ,  whereof  C.  D.,of 

,  now  is  or  lately  was  master  [or  owner,  as  the  case  may  be],  against  the  said  C.  D.,  in  a 

cause  of  subsiraciion  of  wages,  civil  and  maritime,"  &c. 

If  the  libel  be  in  personam  and  in  rem,  it  should  commence  as  follows: 

"The  libel  and  complaint  of  A.  B.,  of ,  late  mariner  of  the  ship ,  whereof  C.  D.,  of 

,  now  is  or  lately  was  master  [or  owner,  as  the  case  may  be],  against  the  said  ship,  her 

tackle,  apparel  and  furniture,  and  also  against  the  said  C.  D.,  in  a  cause  of  subtraction  of 
wages,  civil  and  maritime,"  &c. 

A  corresponding  variation  should  take  place  in  the  conclusion  of  the  libel. 


346  APPENDIX. 

First.  That  in  the  month  of ,  in  the  year  of  our  Lord  eighteen  hundred 

and ,  the  said  ship ,  whereof  the  said  C.  D.  was  master,  being  at  the 

port  of ,  and  destined  on  a  voyage  from  thence  to ,  he,  the  said  C. 

D.,  by  himself  or  his  agent,  on  the  high  seas  and  within  the  ebb  and  flow  of  the 
tide,  and  within  the  Admiralty  and  Maritime  jurisdiction  of  the  United  Stales  and 
of  this  honourable  court,  did  ship  and  hire  the  libellant  to  serve  as  a  mariner 

on  board  the  said  ship,  for  and  during  said  voyage,  at  the  rate  of  wages  of 

per  month,  as  schedulate;  and  that  for  the  due  performance  of  the  said  voyage, 
the  libellant  signed  and  duly  executed  certain  articles  of  agreement  commonly 
called  the  shipping  or  mariners'  articles,  which  now  are  in  the  possession  of  the 
said  C.  D.,  master  [or  owner]  of  the  said  ship,  and  which  he  prays  may  be  pro- 
duced for  farther  certainty  in  the  premises  and  for  the  benefit  of  the  libellant.* 
That  in  pursuance  thereof,  on  or  about  the day  of ,  he,  the  libel- 
lant, went  on  board  and  entered  into  the  service  of  the  said  ship  as  such  mariner, 
as  aforesaid. 

Second,  That  the  said  ship,  having  taken  on  board  a  cargo  of  divers  goods  and 
merchandise  for  the  voyage,  proceeded  therewith,  and  with  the  libellant  on  board 

for  the  port  of ,  and  there  safely  arrived  on  or  about ,  and  delivered 

her  cargo  and  made  freight,  and  that  the  libellant  continued  on  board  and  in  the 

service  of  the  said  ship  until  the day  of ,  when  the  said  voyage, 

for  which  he  had  so  engaged,  was  duly  ended,  and  he  was  discharged  from  such 
service  by  the  said  C.  D.,  the  master. 

Third.  That  during  the  whole  time  he  was  in  the  service  of  the  said  ship,  to  wit, 
from  the  time  when  he  went  on  board  thereof,  to  the  time  of  his  discharge  there- 
from, as  aforesaid,  he  well  and  truly  performed  his  duty  as  a  mariner  on  board 
the  said  ship,  according  to  his  best  ability,  and  was  obedient  to  all  the  lawful 
commands  of  the  said  master  and  the  other  oflScers  of  the  said  ship,  and  well  and 
truly  deserved  and  i$  entitled  to  the  wages  in  the  schedule  hereunto  annexed, 
amounting  to  the  sum  of . 

Fourth.  That  all  and  singular  the  premises  are  true,  and  within  the  Admiralty 
and  Maritime  jurisdiction  of  this  honourable  Court,  in  verification  whereof,  if 
denied,  the  libellant  craves  leave  to  refer  to  the  depositions  and  other  proofs  to 
be  by  him  exhibited  in  this  cause. 

Wherefore  the  libellant  prays  that  process,  in  due  form  of  law,  according  to 
the  course  of  Courts  of  Admiralty,  and  of  this  Honourable  Court  in  causes  of 
Admiralty  and  Maritime  jurisdiction,  may  issue  asainst  the  said  ship,  her  tackle, 
apparel  and  furniture,  wheresoever  the  same  shall  be  found,  and  thai  allpersons  having 
or  pretending  to  have  any  ri^ht,  title  or  interest  therein,  may  be  cited  to  appear  and 
to  answer  upon  oathf  all  and  singular  the  matters  so  articulately  propounded, 
and  that  this  honourable  court  would  be  pleased  to  pronounce  for  the  wages 
aforesaid,  and  for  such  other  relief  to  the  libellant  as  shall  to  law  and  justice 
appertain,  and  also  to  condemn  the  said  ship,  her  tackle,  apparel  and  furniture,  and 
the  party  intervening  therefor  in  costs.i 

(Signed)  A.  B.,  Libellant. 

E.  F.,  Proctor. 

Easterit  District  of  PEWirsTtvAHiA,  ss.  ,  18 — . 

^worn  to  by  the  libellant  before  me. 

G.  H.,  Clerk. 

*  See  Act  of  Congress,  cap.  56  [29],  §  6,  by  which  the  master  is  obliged  to  prodace  the  contract 
and  log-book,  if  required. 

t  In  regard  to  requiring  the  answer  to  be  on  oath,  see  Dunlap's  Admiralty  Practice,  p.  122. 

t  If  the  libel  be  in  personam,  it  should  conclude  as  follows : 

*'  Whbrbpobb  the  libellant  prays  that  process,  in  due  form  of  law,  according  to  the  course  of 
courtsof  admiralty  and  of  this  honourable  court,  in  causes  of  admiralty  and  maritime  jurisdiction, 
may  issue  against  the  said  C.  D.,  and  that  he  n>«y  be  required  to  answer  upon  oath  all  and 
singular  the  matters  so  articulately  propounded,  and  that  this  honourable  court  would  be  pleased 
to  pronounce  for  the  wages  aforesaid  and  for  such  other  relief  to  the  libellant  as  shall  to  law  and 
justice  appertain,  and  also  to  condemn  the  said  C.  D.  in  costs." 

%  The  libel  must  be  sworn  to  before  the  Judge  or  Clerk  of  the  Court,  oralJ.  S.  Commissioner. 
If  sworn  to  before  an  Alderman  or  Justice  of  the  Peace,  it  will  not  be  received.  This  applies.to 
all  libels  in  Admiralty. 


APPENDIX.  347 

Schedule  Annexed. 

Wages  doe  to  A.  B.,  from to ,  being months days, 

at  the  rate  of per  month,  $ 

Out  of  which  he  has  received,  including  hospital  dues,  $ 


Sum  due  $ 

Claim  and  Answer. 
UiriTES  Statss  of  Amebica,  Eastjerst  Distbict  of  PEirirsTLyAKTA,  aa. 

Term,  18—. 

To  the  Honourable  Archibaid  Raitdall,  Judge  of  the  District  Court  of  the  United 

States,  in  and  for  the  Eastern  District  of  Pennsylvania. 
And  now  C.  D.,  of ,intervetiing  for  his  interest  in  the  ship ,  appears  before 

this  honourable  court,  and  for  answer  to  the  libel  and  complaint  of  A.  B.,  of 

,  against  the  said  ship,  and  against  all  persons  lawfully  intervening  for  their 

interest  therein,  alleges  and  articulately  propounds  as  ftiUows:* 

First.  That  the  respondent  now  is  the  owner  of  the  said  ship ,  and  also 

was  the  owner  of  the  same  during  the  time  the  said  A.  B.  belonged  thereto,  and 
that  the  said  A.  B.  was  duly  hired  to  serve  on  board  the  said  ship  for  the  voyage, 
as  in  the  first  article  in  the  said  libel  is  propounded;  the  articles  of  agreement 
for  which  voyage,  signed  by  the  said  A.  B.,  the  respondent  doth  herewith  produce 
in  court  according  to  the  prayer  in  the  said  first  article. 

Second.  That  the  said  ship ,  having  taken  on  board  a  cargo  of  divers  goods 

and  merchandise  for  the  voyage,  proceeded  therewith  for  the  port  of ,  and 

there  safely  arrived  and  delivered  her  cargo  and  made  freight,  as  in  the  second 
article  in  the  said  libel  is  propounded. 

Third.  That  whilst  the  said was  at  the  port  of ,  the  said  A.  B.,  dec, 

[here  state  the  bad  conduct  of  the  libellant,  amounting  to  mutiny  or  desertion,  or 
other  ground  of  forfeiture  of  wages,  and  such  other  matter  showing  that  the  ship- 
ping articles  were  substantially  broken,  and  also  any  other  matters  calculated  to 
support  and  establish  the  defence.] 

Fourth.  That  all  and  singular  the  premises  are  true  and  within  the  admiralty 
and  maritime  jurisdiction  of  this  honourable  court,  in'  verification  whereof,  if 
denied,  the  respondent  craves  leave  to  refer  to  the  depositions  and  other  proofs 
to  be  by  him  exhibited  in  this  cause. 

Wherefore  the  respondent  prays,  that  this  honourable  court  would  be  pleased 
to  pronounce  against  the  libel  aforesaid  and  to  condemn  the  libellant  in  costs, 
and  otherwise  right  and  justice  to  administer  in  the  premises. 

(Signed)  CD. 

I.  J.,  Proctor. 

liASTERiT  District  of  Penhstltaitia,  ss.  '  ,  18 — . 

■j-Sworn  to  by  the  respondent  before  me. 

G.  H.,  Ckrk. 

Libel  in  a  Cause  of  Personal  Damage,  with  an  Answer, 
Uhited  States  of  America,  Eastebit  Distbict  of  PEirH3Ti.TA»nA,  ss. 

Term,  18—. 

To  the  Htmourable  Archibald  Raitdai:.!.,  Judge  of  the  District  Court  of  the  United 

States,  in  and  for  the  Eastern  District  of  Pennsylvania. 
The  libel  and  complaint  of  John  Smith,  of  Philadelphia,  in  the  district  aforesaid, 

•  If  the  proceeding  be  in  personam,  the  answer  should  commence  thus : 

"And  now  C.  D  ,  of ,  master  lor  owner,  as  the  case  may  6e]  of  the  ship ,  appears 

before  this  honourable  court,  and,  for  answer  to  the  libel  and  CdmpUintof  A.B.,of ,  against 

him,  the  aoitl  C  D.,  alleges  and  articulately  propounds  as  follows: 

"  First.  That  the  respondent  was  the  master  [or  owner]  of  the  said  ship during  the  time 

the  said  A.  B  belDUged  thereto,"  &c. 

t  The  answer  must  be  sworn  to  ia  same  manner  aa  the  libel.    See  note  p.  346. 


348  APPENDIX. 

late  a  mariner  on  board  the  ship  Venice,  whereof  James  Brown,  of  the  said 

Philadelphia,  now  is  or  late  was  master,  against  the  said  James  Brown,  in  a 

cause  of  damage,  civil  and  maritime.     And  thereupon  the  saM  John  Smith 

alleges  and  articulately  propounds  as  follows: 

First.  That  in  May,  1844,  the  ship  Venice,  whereof  the  said  James  Brown 
•was  then  master,  being  in  the  port  of  Philadelphia,  and  bound  on  a  voyage  to 
China,  the  said  James  Brown  did,  on  the  high  seas,  and  within  the  ebb  and  flow 
of  the  tide  and  within  the  admiralty  and  maritime  jurisdiction  of  this  honourable 
court,  by  himself  or  his  agent,  ship  and  hire  the  libellant  to  serve  as  seaman  on 
board  of  the  said  ship,  for  and  during  the  said  voyage;  and  the  said  ship,  having 

taken  on  board  her  complement  of  officers  and  crew,  did,  on  or  about  the 

day  of  the  said  month  of  May,  proceed  thereon,  with  the  libellant  on  board,  and, 
having  been  to  China,  returned  to  the  port  of  Philadelphia  aforesaid,  with  a  full 
ship  in  the  month  of  April  last. 

Second.  That  during  the  whole  time  the  libellant  continued  on  board  the  said 
ship,  he  did  well  and  truly  perform  his  duty  on  board  her,  and  was  obedient  to 
all  the  lawful  commands  of  the  said  James  Brown,  the  master,  and  others  his 
superior  officers  on  board  the  said  ship. 

Third.  That  during  the  time  of  the  said  voyage,  and  while  the  ship  was  lying 
ofl^  Whampoa,  in  China,  (to  wit)  on  the  high  seas,  and  within  the  ebb  and  flow 
of  the  tide  and  within  the  admiralty  and  maritime  jurisdiction  of  this  honourable 
court,  on  the  4th  day  of  October,  1844,  whilst  the  libellant  was  in  the  fore-hold 
handing  up  billet-wood,  Jacob  Johnson,  the  third  officer  on  board  the  said  ship 
or"  vessel,  charged  him  with  not  working  so  well  as  he  could,  nor  so  fast  as 
another  seaman  of  the  name  of  Thomas  Robb.  That  the  libellant  replied,  "that 
Thomas  Robb  worked  too  fast  to  last  long,"  or  he  made  i»se  of  words  to  that  or 
the  like  effect;  when  the  said  Jacob  Johnson  immediately  made  complaint  to  Mr. 
Snowden,  the  chief  officer,  that  the  libellant  had  been  very  impertinent  to  him; 
whereupon,  and  for  no  other  cause  whatever,  Mr.  Snowden  then  ordered  him  to 
be  taken  from  his  duty  and  placed  below  in  irons,  where  he  continued  until  the 
12th  of  October.  That,  upon  the  said  James  Brown  coming  on  board  the  ship 
(from  which  he  had  been  absent  the  whole  of  the  before-mentioned  period),  he 
immediately,  upon  the  complaint  being  made  to  him  by  the  said  Snowden,  and 
without  hearing  the  libellant  in  his  defence,  ordered  him  to  the  gangway  and 
caused  him  to  be  flogged  with  three  dozen  lashes;  and,  although  the  libellant 
most  humbly  and  repeatedly  urged  the  said  James  Brown  for  some  water  to  allay 
the  thirst  and  fever  that  he  then  suffered  from  the  punishment  and  previous  im- 
prisonment, he,  the  said  James  Brown,  absolutely  refused  to  let  the  steward  give 
him  any,  nor  would  he  permit  the  mate  to  give  the  libellant  an  ointment  or  lotion 
to  apply  to  his  back,  but  ordered  him  in  his  fainting  and  exhausted  state  to  return 
to  his  duty.  That  the  libellant,  in  consequence  of  the  flogging  aforesaid,  suffered 
extreme  pain  and  was  greatly  injured  thereby. 

Fourth.  That  the  libellant,  by  reason  of  the  said  cruelty  and  violent  assault 
which  he  suffered  by  the  act  of  the  said  James  Brown,  as  before  pleaded,  has 
sustained  a  damage  to  the  amount  of  two  thousand  dollars. 

Fifth.  That  all  and  singular  the  premises  are  true,  and  within  the  admiralty 
and  maritime  jurisdiction  of  this  honourable  court,  in  verification  whereof,  if 
denied,  the  libellant  craves  leave  to  refer  to  the  depositions  and  other  proofs  to 
be  by  him  exhibited  in  this  cause. 

Whehkfore  he  prays  that  process,  in  due  form  of  law,  according  lo  the  course 
of  courts  of  admiralty  and  of  this  honourable  court  in  causes  of  admiralty  and 
maritime  jurisdiction,  may  issue  against  the  said  James  Brown,  and  that  he  may 
be  required  to  answer  upon  oath  all  and  .singular  the  matters  so  articulately  pro- 
pounded, and  that  this  honourable  court  would  be  pleased  to  pronounce  for  the 
damages  aforesaid  and  for  such  other  relief  to  the  libellant  as  shall  to  law  and 
justice  appertain,  and  also  to  condemn  the  said  James  Brown  in  costs. 

(Signed)  John  S.iiith,  Libellant. 

A.  B.,  Proctor. 
Eastern  District  of  PEirirsTLTAHiA,  ss.  May  8,  1845. 

Sworn  to  by  the  libellant  before  me. 

Fbarcis  HopKiirBOK,  Clerk. 


APPENDIX.  349 

Answer. 
UwrrED  States  of  Avxrici,  Ea8txbk  Distbict  of  Pewnstlvania,  ts. 

Term,  18.    — 

To  the  Honourable  Archibald  Raitdall,  Judge  of  the  District  Court  of  the  United 

States,  in  and  for  the  Eastern  District  of  Pennsylvania. 
And  now  James  Brown,  of  Philadelphia,  in  the  said  district,  late  master  of  the 
ship  Venice,  appears  before  this  honourable  court,  and  for  answer  to  the  libel 
and  complaint  of  John  Smith,  of  the  said  Philadelphia,  late  mariner  on  board 
the  said  ship,  against  him,  the  said  James  Brown,  alleges  and  articulately  pro- 
pounds as  follows: 

First.  That  the  libellant  was  duly  shipped  and  hired  to  serve  as  a  seaman  on 
board  the  said  ship  Venice,  for  and  during  a  voyage  to  China  and  back  again; 
and  that  the  said  ship,  with  the  libellant  on  board,  proceeded  on  the  said  voyage, 
and,  having  been  to  China,  returned  to  the  port  of  Philadelphia,  as  is  alleged  ia 
the  first  article  of  the  said  libel. 

Second.  That  the  libellant  did  not,  during  the  whole  time  he  continued  on  board 
the  Venice,  that  is  to  say,  from  May,  1844,  until  April,  1845,  well  and  truly  per- 
form his  duty  on  board  the  ship,  nor  was  he  obedient  to  all  the  lawful  commands 
of  the  respondent,  the  master,  and  others,  the  officers  on  board  the  said  ship,  as 
in  the  second  article  of  the  libel  is  falsely  alleged  and  pleaded.  On  the  contrary, 
that  the  libellant  frequently  neglected  to  perform  his  duty,  particularly  during  his 
watch;  that  he  was  disobedient  and  refused  or  neglected  to  obey  the  lawful  com- 
mands of  the  master,  and  others  the  officers  on  board  the  ship,  and  treated  them 
■with  great  insolence  and  contempt,  and  was  frequently  reprimanded  for  such 
conduct;  that  on  such  occasions  he  made  insolent  and  irritating  replies,  and  said 
he  was  only  on  board  "a  bloody  merchantman,"  and  made  use  of  many  other 
expressions  to  that  or  the  like  effect. 

Third.  That  on  the  4th  of  October,  1844,  the  libellant,  having  heen  ordered  to 
assijit  in  the  handing  some  billet-wood  from  the  fore-hold  unto  the  deck  of  the 
ship,  was  idle  and  inattentive  in  the  performance  of  such  duty,  and  in  receiving 
the  wood  from  one  person  and  handing  it  to  another,  and  thereby  greatly  impeded 
and  delayed  the  performance  of  the  said  duty;  that  Jacob  Johnson,  the  third 
officer  or  mate  of  the  ship,  who  was  superintending  the  performance  of  the  work, 
several  times  remonstrated  with  him  on  his  conduct  and  desired  him  to  be  more 
diligent,  but  the  libellant  replied  with  great  insolence  and  said,  that  he  should 
take  it  easy, — there  was  plenty  of  time,  that  he  should  not  hurry  himself,  or  to 
that  effect;  that  the  man  who  handed  wood  to  the  libellant  several  times  com- 
plained of  his  insolence,  by  which  he  was  frequently  kept  with  a  billet  in  his 
hand,  waiting  until  the  libellant,  who  had  delivered  the  preceding  billet  and  was 
standing  idle, chose  to  receive  the  billet  from  him;  and,  the  said  Jacob  Johnson, 
observing  such  man  standing  with  a  large  billet  in  his  hands,  and  the  libellant 
standing  idle,  he  ordered  the  libellant  to  take  the  billet  from  such  man,  to  which 
he  insolently  replied,  that  "  he  would  be  damned  if  he  would,"  or  words  to  that 
effect,  and  made  use  of  other  violent  expressions,  and  treated  the  said  Jacob 
Johnson  with  great  insolence  and  contempt,  whereupon  the  said  Jacob  Johnson 
made  a  faithful  representation  of  such  conduct  to  Robert  Snowden,  the  chief 
officer,  the  respondent  being  then  on  shore  at  Canton,  on  the  necessary  concerns 
of  the  ship;  that  the  said  Robert  Snowden  ordered  the  libellant  to  be  confined  in 
irons,  which  was  accordingly  done,  and  he,  by  letter,  informed  the  respondent  of 
the  aforesaid  circumstances,  who  ordered  a  court  of  inquiry  to  be  held,  and  on 
the  next  day  the  said  Robert  Snowden,  and  the  second,  third  and  fourth  officers 
of  the  ship  assembled,  and  in  the  presence  of  the  libellant  examined  witnesses 
as  to  his  conduct,  and  heard  him  in  his  defence;  and,  it  clearly  appearing  from 
the  testimony  of  the  witnesses  that  the  libellant  had  refused  to  obey  the  orders  of 
the  said  Jacob  Johnson,  and  had  conducted  himself  in  a  mutinous  manner,  they 
were  of  opinion  that  he  was  deserving  of  punishment;  and  therefore  he  was 
continued  in  confinement  until  the  respondent  returned  to  the  ship;  and  having 
returned  on  the  12th  day  of  said  month,  and  the  conduct  of  the  libellant,  and  the 
proceedings  of  the  said  court  of  inquiry,  and  the  evidence  given,  having  been 
2e 


350  ,  APPENDIX. 

represented  to  him,  he  directed  that  the  libellant  should  receive  thirty-six  lashes 
as  a  punishment,  and  the  same  was  accordingly  inflicted  on  the  same  day;  that 
after  the  libellant  had  received  one  or  two  lashes,  he  admitted  that  he  had  beea  ■ 
very  insolent  to  the  said  Jacob  Johnson,  and  asked  to  be  forgiven;  ihat  the 
libellant  did  not  sufl^er  any  fever  from  his  aforesaid  confinement;  nor  did  he  at 
the  time  he  was  so  punished  as  aforesaid,  urge  the  respondent  to  let  him  have 
some  water;  nor  did  the  respondenfrefuse  to  let  the  steward  give  him  any,  as  in 
the  third  article  of  the  said  libel  is  falsely  alleged  and  pleaded;  that  the  punish- 
ment of  the  libellant  was  necessarily  inflicted  for  the  sake  of  example,  and  to 
preserve  due  discipline  on  board  the  ship;  that  the  respondent  did  not  refuse  to 
permit  the  mate  to  give  the  libellant  any  ointment  or  lotion  for  his  back ;  nor  was 
the  libellant  in  a  fainting  or  exhausted  slate;  nor  did  he  suffer  extreme  pain; 
nor  was  he  injured  in  consequence  of  the  punishment  he  received,  as  in  the  said 
libel  is  falsely  alleged  and  pleaded. 

Fourth.  That  all  and  singular  the  premises  are  true,  in  verification  whereof, 
if  denied,  the  respondent  craves  leave  to  refer  to  the  depositions  and  other  proofs 
to  be  by  him  exhibited  in  this  cause. 

Whehefore  the  respondent  prays,  that  this  honourable  court  would  be  pleased 
to  pronounce  against  the  libel  aforesaid,  and  to  condemn  the  libellant  in  costs, 
and  otherwise  right  and  justice  to  administer  in  the  premises. 

(Signed)  Jasies  Bhown,  {the  Respondent.) 

C.  D.,  Proctor. 
Eastern  District  of  PENNSTLVAirrA,  ss.  May  11,  1845. 


Sworn  to  by  the  respondent  before  me. 

Francis  Hopkinson,  Clerk. 


Another  Libel  in  a  Cause  of  Personal  Damage. 

United  States  of  America,  Eastern  District  of  Pennstltania,  ss. 

Term,  18—. 

To  the  Honourable  Archibald  Randall,  Judge  of  the  District  Court  of  the  United 

States,  in  and  for  the  Eastern  District  of  Pennsylvania. 
The  libel  and  complaint  of  John  Andrews,  of  Philadelphia,  in  the  district  afore- 
said, late  a  mariner  on  board  the  ship  Langdon  Cheves,  whereof  William 
Green,  of  the  said  Philadelphia,  now  is  or  late  was  master,  against  the  said 
William  Green,  in  a  cause  of  damage,  civil  and  maritime.  And  thereupon 
the  said  John  Andrews  alleges  and  articulately  propounds  as  follows: 
First.  That  the  said  ship,  called  the  Langdon  Cheves,  whereof  the  said  Wil- 
liam Green  was  master,  being,  in  the  month  of ,  in  the  present  year  of  our 

Lord,  at  Charleston,  in  South  Carolina,  and  destined  on  a  voyage  from  thence 
to  the  port  of  Philadelphia,  he,  the  said  William  Green,  upon  the  high  seas  and 
within  the  ebb  and  flow  of  the  tide,  and  within  the  admiralty  and  maritime  juris- 
diction of  this  honourable  court,  did  hire  the  libellant  to  serve  as  a  mariner  on 
board  the  said  ship  during  her  passage  to  Philadelphia  aforesaid;  and  that  the 
said  ship,  having  taken  in  a  cargo  of  goods  and  merchandises  for  the  voyage 
aforesaid,  did,  on  or  about  the day  of ,  proceed  from  Charleston  afore- 
said with  the  libellant  on  board,  for  Philadelphia,  where  she  safely  arrived  on  or 

about  the  :   And  that  during  the  whole  time  of  the  said  voyage,  or  run, 

the  libellant  did  well  and  truly  perform  his  duty  as  a  mariner  of  the  said  ship 
(excepting  only  while  he  was  rendered  incapable  of  performing  the  same  by  the 
cruel  usage  of  him,  the  said  William  Green,  as  hereinafter  more  particularly 
pleaded,)  and  was  obedient  to  all  the  lawful  commands  of  the  said  William  Green, 
the  master,  and  the  other  officers  on  board  the  said  ship. 

Second.  That  while  the  said  ship  Langdon  Cheves  was  on  her  passage  from 

Charleston  to  Philadelphia,  as  aforesaid,  to  wit,  on  or  about  the  day  of 

,  the  libellant  being  busy  in  setting  the  square  sail  of  the  said  ship,  the  said 

William  Green,  without  any  provocation,  did,  upon  the  high  seas  and  within  the 
ebb  and  flow  of  the  tide,  and  within  the  admiralty  and  maritime  jurisdiction  of 
this  honourable  court,  with  his  fist  clenched,  strike  the  libellant  a  blow  on  the 
head,  which  knocked  him  down,  and  that  then  the  ^aid  William  Green  did  with 


APPENDIX.  351 

his  feet,  with  great  force  and  violence,  kick  the  libellant  several  times,  whereby 
he  was  dangerously  hurt  and  bruised. 

Third.  That  while  the  said  ship  was  on  her  aforesaid  passage,  to  wit,  on  or 

about  the day  of ,  the  libellant  being  at  work  on  board  the  said  ship, 

and  having  hold  on  the  cable  thereof,  the  said  William  Green,  without  any  rea- 
sonable cause  or  provocation,  did,  upon  the  high  seas  and  within  the  ebb  and 
flow  of  the  tide,  and  within  the  admiralty  and  maritime  jurisdiction  of  this  hon- 
ourable court,  with  a  large  handspike,  with  great  force  and  violence  strike  the 
libellant  on  his  right  arm,  and  thereby  bruised  his  said  arm  very  severely  and 
put  him  in  great  pain  and  suffering. 

Fourth.  That  while  the  said  ship  was  off  Cape  Henry,  on  the  passage  afore- 
said, he,  the  said  William  Green,  did,  upon  the  high  seas  and  within  the  ebb  and 
flow  of  the  tide,  and  within  the  admiralty  and  maritime  jurisdiction  of  this  hon- 
ourable court,  with  his  fist  clenched,  without  any  just  cause  or  provocation,  strike 
the  libellant  on  his  left  ear  with  great  force  and  violence,  and  tliereby  knocked 
him  down  and  caused  blood  to  gush  from  his  ears,  nose  and  mouth;  that  the 
libellant  was  thereby  deprived  of  his  senses  or  power  of  motion  for  several 
minutes,  and  rendered  incapable  of  performing  any  kind  of  service  for  many 
hours. 

Fifth.  That  during  the  whole  time  of  the  aforesaid  voyage,  the  said  William 
Green  behaved  with  great  cruelty  and  inhumanity  towards  the  libellant,  and  on 
the  high  seas  and  within  the  ebb  and  flow  of  the  tide,  and  within  the  admiralty 
and  maritime  jurisdiction  of  this  honourable  court,  frequently  attempted  to  throw 
the  libellant  overboard,  and  threatened  to  cut  his  throat,  and  many  times,  to  wit, 
on days  of  the  month  of ,  did,  without  any  reasonable  cause  or  provoca- 
tion, violently  beat,  kick,  and  ill  treat  the  libellant,  whereby  he  was  put  in  great 
fear  and  danger  of  his  life. 

Sixth.  That  by  reason  of  the  cruelty  exercised  by  the  said  William  Green  on 
the  person  of  the  libellant,  as  pleaded  and  set  forth  in  the  second,  third,  fourth  and 
fifth  articles  of  this  libel,  the  flesh  of  the  libellant  became  almost  totally  discoloured, 
and  he  had  therein  many  severe  and  dangerous  bruises  and  contusions,  and  he 
became  very  weak,  and  his  constitution  was  so  much  impaired  and  injured,  that 
he  has  not  yet  recovered  his  former  health  and  strength. 

Seventh.  That  by  the  cruelty  and  repeated  ill  usage,  which  the  libellant  received 
from  the  said  William  Green,  as  herein  before  pleaded  and  set  forth,  the  libel- 
lant was  and  is  damnified  in  the  sum  of  two  thousand  dollars. 

Eighth.  That  all  and  singular  the  premises  are  true,  and  within  the  admiralty 
and  maritime  jurisdiction  of  this  honourable  court,  in  verification  whereof,  if 
denied,  the  libellant  craves  leave  to  refer  to  the  depositions  and  other  proofs  to 
be  by  him  exhibited  in  this  cause. 

[Conclusion  the  same  as  in  the  preceding  libel,  p.  348.] 


Libel  for  Collision,  with  a  Claim  and  Answer. 

United  States  of  America,  Eastern  District  of  Pennstltania,  ss. 

Term,  18—. 

To  the  Honourable  Archtbaid  Randall,  Judge  of  the  District  Court  of  the  United 
States,  in  and  for  the  Eastern  District  of  Pem^sylvania. 

The  libel  and  complaint  of  Richard  Jones,  Anthony  Sirams  and  William  Potter, 
of  Philadelphia,  in  the  district  aforesaid,  merchants  and  copartners,  doing 
business  under  the  name  of  Richard  Jones  and  Company,  owners  of  the  ship 
Lehigh  (whereof  Augustus  Kemper  now  is  or  lately  was  master),  her  tackte, 
apparel  and  furniture,  against  the  ship  Sarunak  {whereof  Andrew  Stevenson  now 
is  or  lately  was  master),  her  trickle,  apparel  and  furniture,  and  against  all  persons 
lawfully  intervening  for  their  interest  therein,*  in  a  cause  of  collision,  civil  and 

*  The  above  form  is  proper  if  the  proceeding  be  entirely  in  rem.  If  it  be  in  personam,  the 
form  should  be  as  follows  :  ^'against  A.  B.,  of  the  said  Philadelphia,  merchant,  otcner  of  the 
ship  Saranak,"  &c.  If  it  be  in  rem  and  in  personam,  the  form  should  be  as  follows:  "ag'niVist 
the  ship  Suranak,  her  tackle,  apparel  and  furniture,  {whereof  Andrew  Stevenson  now  is  or 


352  APPENDIX. 

maritime.  And  thereupon  the  said  Richard  Jones,  Anthony  Simms  and  Wil- 
liam Potter  allege  and  articulately  propound  as  follows: 

First.  That  in  the  month  of  December,  1843,  the  said  ship  Lehigh,  whereof 
Augustus  Kemper  now  is  and  then  was  master,  was  at  the  port  of  Calcuita  in 
the  East  Indies,  and  destined  on  a  voyage  from  ihence  to  the  port  of  Philadelphia, 
with  a  lading  of  East  India  Goods  to  the  amount  of  $100,000  in  value,  or  there- 
abouts;  and  was  at  that  time  a  tight,  staunch  and  well-built  vessel,  of  the  bunhen 
of  four  hundred  tons  or  thereabouts;  and  was  then  completely  rigged  and  suffi- 
ciently provided  with  tackle,  apparel  and  furniture;  and  then  had  on  board  and 
in  her  service  twenty-five  mariners  or  thereabouts,  which  was  a  full  complement 
of  hands  to  navigate  the  said  ship  on  the  voyage  above  mentioned. 

Second.  That  in  the  said  month  of  December,  1843,  the  said  ship,  provided  and 
manned  as  aforesaid,  sailed  from  the  port  of  Calcutta  on  her  aforesaid  voyage  to 
the  port  of  Philadelphia,  and  in  the  prosecution  of  her  said  voyage,  arrived  in  the 
river  Delaware,  off  the  city  of  Philadelphia,  on  or  about  the  5th  day  of  May,  1844, 
and  was  there  safely  moored;  and  that  it  being  about  ten  o'clock  in  the  evening 
of  the  5th  day  of  May,  1844,  within  the  ebb  and  flow  of  the  tide  and  within  the 
admiralty  and  maritime  jurisdiction  of  this  honourable  court,  at  her  aforesaid 
moorings,  John  Thomas,  the  first  mate  of  the  said  ship  Lehigh,  who  then  had  the 
watch  and  was  the  commanding  officer  on  deck,  and  that  part  of  the  crew,  which 
composed  the  said  watch,  observed  the  said  ship  Saranak,  whereof  the  said  An- 
drew Stevenson  was  then  master,  of  the  burthen  of  six  hundred  tons  or  there- 
abouts, with  all  her  sails  set,  sailing  up  the  said  river  Delaware  towards  the  said 
ship  Lehigh;  and  that  thereupon  the  said  John  Thomas  and  others  of  the  crew 
aforesaid  several  times  with  loud  and  audible  voices  called  to  the  crew  of  the 
said  ship  Saranak,  and  desired  them  to  keep  clear  of  the  said  ship  Lehigh,  and 
which  they  had  time  and  tide  enough  to  do,  and  might  with  great  ease  and  safety 
have  done,  but  which  they  refused,  or  at  least  neglected  to  do;  and  that  notwith- 
standing the  said  ship  Lehigh  was  then  lying  at  her  aforesaid  moorings,  and 
could  not  possibly  get  out  of  the  way  of  the  said  ship  Saranak,  and  notwithstanding 
there  was  room  sufficient  for  the  said  ship  Saranak  to  pass,  the  crew  thereof  kept 
on  their  course  with  the  wind  and  tide,  and  ran  their  ship,  with  very  great  force 
and  violence,  foul  of  and  on  board  the  said  ship  Lehigh,  and  thereby  broke 
and  parted  her  small  bower  cable,  carried  away  the  bumkin  and  jib-boom,  and 
damaged  her  yawl  and  her  standing  and  running  rigging,  and  otherwise  greatly 
damaged  the  said  ship;  and  that,  had  not  the  crew  immediately  and  with  the 
greatest  expedition  possible  let  go  another  anchor,  the  said  ship  Lehigh  must 
unavoidably  have  been  very  soon  on  shore;  and  that  the  said  ship  Saranak  so 
continued  foul  of  and  on  t>oard  the  said  ship  Lehigh  for  about  two  hours  and 
until  the  ebb  tide  forced  her  off. 

Third.  That  at  the  time  the  damage  mentioned  in  the  next  preceding  article 
happened,  it  was  impossible  for  the  said  ship  Lehigh  to  get  out  of  the  way  of  the 
said  ship  Saranak  by  reason  that  the  former  was  properly  moored;  that  there 
was  room  enough  for  the  said  ship  Saranak  to  steer  clear  of  and  pass  by  the  said 
ship  Irfhigh  without  doing  any  damage  whatever;  and  that,  if  the  said  Andrew 
Stevenson  and  the  rest  of  the  crew  of  the  said  ship  Saranak  had  not  refused,  or 
at  least  neglected,  to  endeavour  to  keep  clear  of  the  said  ship  Lehigh,  as  desired 
by  the  said  John  Thomas  and  others,  as  mentioned  in  the  next  preceding  article, 
which  it  was  their  duty  to  do,  and  which  they  might  with  ease  and  safety  have 
done,  the  aforesaid  damage  would  not  have  happened. 

Fourth,  That  the  said  ship  Lehigh,  before  and  at  the  time  of  receiving  the 
damage  from  the  said  ship  Saranak,  as  hereinbefore  mentioned,  was  a  tight, 
strong  and  staunch  vessel,  and  that  the  Jibellants  then  were,  and  now  are,  the 
true  and  lawful  owners  of  the  same,  and  of  her  tackle,  apparel  and  furniture. 

Fifth.  That  immediately  after  the  damages  mentioned  in  the  second  article  of 
this  libel  happened,  several  men  were  employed  to  bring  the  said  ship  Lehigh 
to  her  moorings  and  to  take  up  her  sheet  anchor  and  bower  anchor  and  part 
of  a  cable  which  had  been  broken  and  turned  adrift  from  the  said  ship ;  and 

lately  ttaa  maater),  and  against  A.  B.,  of  the  taid  Philadelphia,  merchant,  owner  of  the  said 
ship,  and  also  against  all  persons  laiefully  intervening  for  their  interest  in  the  said  ship,"  &c. 


APPENDIX.  353 

that  the  several  other  damages  mentioned  in  the  second  article  of  this  libel  were 
repaired  by  shipwrights  and  others  with  ail  possible  despatch,  all  which  cost  the 
sum  of  three  hundred  and  twenty-five  dollars  and  upwards;  and  that  by  reason 
of  the  said  ship  Lehigh  having  been  run  foul  of,  or  run  down,  as  aforesaid,  the 
libellants  have  sustained  damages  for  the  services  and  repairs  aforesaid  to  the 
amount  of  three  hundred  and  twenty-five  dollars. 

Sixth.  That  all  and  singular  the  premises  are  true  and  within  the  admiralty 
and  maritime  jurisdiction  of  this  honourable  court,  in  verification  whereof,  if 
denied,  the  libellants  crave  leave  to  refer  to  the  depositions  and  other  proofs  to 
be  by  them  exhibited  in  this  cause. 

Wherefore  the  libellants  pray,  that  process,  in  due  form  of  law,  according  to 
the  course  of  courts'  of  admiralty  and  of  this  honourable  court  in  causes  of  admi- 
ralty and  maritime  jurisdiction,  may  issue  against  the  said  ship  Sarana/c,  her  tackle, 
apparel  and  furniture,  and  that  all  persons  having,  or  pretending  to  have,  any  right, 
title  or  interest  therein  may  be  cited  to  appear  and  answer  upon  oath  all  and  smguJar 
the  matters  so  articulately  propounded;  and  that  this  honourable  court  would  be 
pleased  to  pronounce  for  the  damages  aforesaid,  and  to  decree  such  other  relief 
to  the  libellants,  as  shall  to  law  and  justice  appertain,  also  to  condemn  the  said 
ship,  her  tackle,  apparel  and  furniture,  a«c?  all  persons  intervening  for  their  interest 
therein  in  costs.* 

(Signed)  Richard  Jones, 

ArTTHONr  SiMMS, 

William  Potter, 
A.  B.,  Proctor.  Libellants. 

Eastern  District  of  Pexttstlvania,  ss. 

Sworn  to  by  the  said  Richard  Jones,  Anthony  Simms  and  William  Potter, 
before  me.  Francis  Hopkinson,  Clerk. 


Claim  and  Answer. 

United  States  of  America,  Eastern  District  of  Pennstltania,  ss. 

Term,  18—. 

To  the  Honourable  Archibald  Randall,  Judge  of  the  District  Court  of  the  United 

States,  in  and  for  the  Eastern  District  of  Pennsylvania. 
And  nowTnomds  C.Graham, of  Philadelphia,  in  the  district  aforesaid,  intervening 
for  his  interest  in  the  said  ship  Saranak,  appears  before  this  honourable  court, 
and  for  answer  to  the  libel  and  complaint  of  Richard  Jones,  Anthony  Simms 
and  William  Potter,  all  of  the  said  Philadelphia,  merchants  and  copartners, 
doing  business  under  the  name  of  Richard  Jones  &  Company,  against  the  said 
ship  Saranak,  her  tackle,  apparel  and  furniture,  and  against  all  persons  lawfully 
intervening  for  their  interest  therein,  alleges  and  articulately  propounds  as  fol- 
lows: 

First.  That  the  respondent  is  the  true  and  lawful  owner  of  the  said  ship  Sara- 
nak, a  vessel  of  six  hundred  tons  or  thereabouts,  now  lying  in  the  port  of  Phila- 
delphia aforesaid. 

Second.  And  the  respondent,  admitting  the  several  matters  in  the  first,  fourth 
and  fifth  articles  of  the  said  libel  pleaded  to  be  true  as  therein  alleged,  further 
alleges  and  propounds,  that  the  matters  in  the  second  and  third  articles  of  the 
said  libel  are  in  great  part  falsely  alleged,  and  that  the  truth  is  as  is  hereinafter 
particularly  propounded. 

Third.  That  the  said  ship  Saranak,  being  in  good  order  and  well  and  sufficiently 
equipped  and  manned,  sailed  from  the  port  of  Liverpool,  in  England,  in  the  month 
of  April,  1844,  bound  for  the  port  of  Philadelphia  aforesaid;  and  in  the  prosecu- 
tion of  her  voyage,  on  or  about  the  5th  day  of  May,  1844,  at  seven  o'clock  in  the 
forenoon,  came  in  sight  of  the  Cape  May  light-house;  that  shortly  thereafter,  the 
said  ship  was  boarded  by  John  Smith,  a  pilot,  accustomed  to  conduct  and  manage 

•  Th&Iatter  part  of  this  form  should  be  varied  according  to  the  nature  of  the  proceeding.  See 
note,  p.  346. 

2e* 


354  APPENDIX. 

ships  in  the  Delaware  bay  and  river,  and  to  his  chargre  and  guidance,  as  pilot, 
the  said  Andrew  Stevenson,  roaster,  immediately  committed  the  navigation  and 
government  of  the  said  ship;  that  the  said  ship  having  proceeded  up  the  river 
Delaware  until  off  the  town  of  Chester,  which  place  was  reached  by  six  o'clock 
in  the  afternoon  of  the  day  aforesaid,  the  said  pilot  and  master  consulted  together 
M'hetherit  were  better  to  endeavour  to  get  the  said  ship  up  to  Philadelphia  that 
night,  notwithstanding  the  darkness,  or  to  cast  anchor  and  keep  her  safely  moored 
till  the  next  morning;  that  the  said  pilot  strongly  advised  the  endeavouring  to 
get  the  said  ship  up  to  Philadelphia  on  the  night  aforesaid,  and  urged  that  it  was 
customary  with  him  and  other  pilots  of  the  said  port  of  Philadelphia,  to  conduct 
ships  up  the  river  in  the  night  time,  notwithstanding  the  darkness;  that  it  was 
accordingly  determined  to  endeavour  to  get  the  said  ship  up  to  Philadelphia  oa 
the  night  aforesaid ;  and  that  powerful  lights  were  placed  in  different  parts  of  the 
said  ship,  and  every  other  possible  precaution  taken,  in  order  to  facilitate  the 
management  of  the  same,  and  to  enable  other  ships  in  the  river  to  discern  the 
said  ship,  for  a  long  time  before  it  came  near. 

Fourth.  That  very  soon  after  it  became  dark  on  the  night  aforesaid,  the  wind, 
which  until  then  had  been  quite  moderate  and  favourable  to  sailing  up  the  river 
aforesaid,  suddenly  began  to  blow  in  successive  gusts,  very  strong,  stormy  and 
contrary,  so  that  the  said  ship  Saranak  was  compelled  by  means  of  repeated 
tacks  to  beat  up  against  the  wind;  and  that  at  the  same  time  the  night  grew  so 
very  dark,  that  it  was  impossible  to  discern,  without  the  assistance  of  a  light, 
objects  even  when  very  near. 

Fifth.  That  while  the  said  ship  was  beating  up,  as  aforesaid,  against  the  wind, 
notwithstanding  the  precautions  against  accident  which  had  been  taken,  as  afore- 
said, and  also  the  excellent  and  seamanlike  management  by  the  said  pilot,  assisted 
by  the  master  and  crew,  the  said  ship  Saranak  ran  foul  of  the  ship,  which  the 
respondent  understands  to  have  been  the  said  ship  Lehigh,  whereof  the  present 
libellants  then  were  and  now  are  the  true  and  lawful  owners,  as  is  alleged  in  the 
fourth  article  of  the  libel  aforesaid. 

Sixth.  'J'hat  the  said  ship  Lehigh,  at  the  time  of  the  accident  aforesaid,  was 
lying  moored  in  the  channel  of  the  river  aforesaid,  and  directly  in  the  path  of  the 
said  ship  Saranak,  and  that  there  were  no  lights  visible  aboard  of  the  said  ship 
Lehigh,  which  could  enable  the  pilot,  or  master,  or  any  of  the  crew  of  the  ship 
Saranak  then  on  deck,  to  discern  that  the  said  ship  Lehigh  was  so  lying  in  the 
channel, although  they  kept  a  good  "look-out"  for  this  purpose;  also  that  neither 
the  pilot,  nor  the  master,  nor  any  of  the  crew  of  the  said  ship  Saranak,  then  on 
deck,  heard  the  said  John  Thomas  or  any  of  the  crew  of  the  said  ship  Lehigh  call 
to  them,  as  it  is  alleged  they  did  call  in  the  second  article  of  the  libel  aforesaid. 

Seventh.  That  the  said  pilot  and  the  master  and  crew  of  the  said  ship  Saranak 
used  the  greatest  care  and  skill  in  the  management  of  the  same  on  the  night 
aforesaid,  and  took  every  possible  precaution  to  prevent  the  occurrence  of  any 
accident. 

Eighth.  That  the  accident  aforesaid  was  occasioned  by  the  great  negligence 
and  want  of  care  of  the  officers  and  crew  of  the  said  ship  Lehigh,  in  the  mooring 
of  the  said  ship  in  the  place  where  they  did,  and  also  in  not  providing  powerful 
lights  on  deck,  so  that  the  said  ship  could  be  discerned  at  a  distance;  and  that  it 
was  not  occasioned  by  any  want  of  care  or  skill,  or  by  any  malice  or  evil  design, 
on  the  part  of  the  said  pilot  or  master  or  any  of  the  crew  on  board  the  said  ship 
Saranak,  as  is  falsely  alleged  in  the  third  article  of  the  libel  aforesaid;  and  that 
the  owner  of  the  said  ship  Saranak  is  not,  therefore,  liable  to  pay  the  damages 
by  the  libellants  sustained. 

Ninth.  That  all  and  singular  the  premises  are  true,  in  verification  whereof,  if 
denied,  the  respondent  craves  leave  to  refer  to  the  depositions  and  other  proofs 
to  be  by  him  exhibited  in  this  cause. 

Whehkfork  the  respondent  prays  that  this  honourable  court  would  be  pleased 
to  pronounce  against  the  libel  aforesaid,  and  to  condemn  the  libellant  in  costs, 
and  otherwise  right  and  justice  to  administer  in  the  premises. 

(Signed)  '1'ho.mas  C.  Graham,  Respondent. 

Eastern  District  of  Pejcnstlvax ja,  ss,  . 

Sworn  to  by  the  respondent,  before  me, 

Frascis  Hupkissox,  Clerk. 


APPENDIX.  355 

Libel  hy  a  dissentient  Part-owner  {having  a  majvrity  or  a  moiety  of  interest^  of  a 
Ship,  in  order  to  procure  Possession  ;  with  an  Answer. 

UsiTED  States  of  America,  Eastebtt  Disthict  op  Pexitstltaitia,  ss. 

Term,  18—. 

To  the  Honourable  Archibald  Raxdall,  Judge  of  the  District  Court  of  the  United 

States,  in  and  for  the  Eastern  District  of  Pennsylvania. 
The  libel  and  complaint  of  Charles  L.  Mount,  of  Philadelphia,  in  the  district  afore- 
said, and  owner  of  three-quarter  parts  of  the  barque  Jane  (whereof  Williana 
Jones  now  is  or  lately  was  master),  against  the  said  barque  Jane,  her  tackle, 
apparel  and  furniture,  and  against  John  Rogers,  of  Philadelphia  aforesaid,  mer- 
chant, and  owner  of  one-quarter  part  of  the  said  barque,  and  also  all  persons 
lawfully  intervening  for  their  interest  in  the  said  barque,  in  a  cause  of  posses- 
sion, civil  and  maritime.  And  thereupon  the  said  Charles  L.  Mount  alleges 
and  articulately  propounds  as  follows  : 

First.  That  the  libellant  is  the  true  and  lawful  owner  of  three-quarter  parts  of 
the  said  barque  Jane,  of  the  burthen  of  about  three  hundred  tons,  and  now  lying 
in  the  port  of  Philadelphia  aforesaid. 

Second.  That  the  libellant  is  now,  and  has  been  for  a  long  time  desirous  of 
sending-the  said  barque  on  a  voyage  to  Rio  Janeiro,  in  Brazil,  and  from  Rio 
Janeiro  back  to  Philadelphia ;  but  that  the  said  John  Rogers,  owner  of  the  remain- 
ing quarter  part  of  the  said  barque,  has  refused,  though  repeatedly  applied  to  in 
this  regard,  to  join  in  the  voyage  aforesaid,  or  to  suffer  the  said  barque  to  sail  on 
the  account  of  the  libellant  on  the  voyage  aforesaid. 

Third.  That  all  and  singular  the  premises  are  true,  and  within  the  admiralty 
and  maritime  jurisdiction  of  this  honourable  court;  in  verification  whereof,  if 
denied,  the  libellant  craves  leave  to  refer  to  the  depositions  and  other  proofs  to 
be  by  him  exhibited  in  this  cause. 

Wherefohe  the  libellant  prays,  that  process,  in  due  form  of  law,  according  to 
the  course  of  courts  of  admiralty  and  of  this  honourable  court,  may  issue  against 
the  said  barque  Jane,  her  tackle,  apparel  and  furniture,  wheresoever  the  same 
shall  be  found,  and  that  the  said  John  Rogers,  owner  of  the  quarter  part  as  afore- 
said, and  all  persons  having  or  pretending  to  have  any  right,  title,  or  interest 
therein,  may  be  cited  to  appear  before  this  honourable  court,  and  to  show  cause, 
why  the  possession  of  the  said  barque  should  not  be  delivered  to  the  libellant,  as 
having  the  majority  of  interest  therein  ;  and  that  this  honourable  court  would  be 
pleased  to  decree  the  possession  of  the  said  barque  to  be  delivered  to  the  libellant, 
and  to  administer  such  other  relief  as  shall  to  law  and  justice  appertain,  and  also 
to  condemn  the  said  John  Rogers  and  all  persons  intervening  for  ther  interest  in 
the  said  barque  in  costs.  (Signed)  Charles  L.  Mount, 

A.  B.,  Proctor.  Libellant. 

Easters  District  of  Pexnstltawia,  ss.  . 

Sworn  to  by  the  libellant  before  me. 

Francis  Hopkinsoit,  Clerk. 

Answer. 

United  States  of  America,  Eastern  District  of  Penxsilvania,  ss. 

Term,  18—. 

To  the  Honourable  Archibald  Randall,  Judge  of  the  District  Court  of  the  United 
Stales,  in  and  for  the  Eastern  District  of  Pennsylvania. 

And  now  John  Rogers,of  Philadelphia,  in  the  district  aforesaid,  merchant, appears 
before  this  honourable  court,  and  for  answer  to  the  libel  and  complaint  of 
Charles  L.  Mount,  of  Philadelphia  aforesaid,  against  the  barque  Jane,  and 
against  him  the  said  John  R(>gers,  and  also  against  all  persons  lawfully  inter- 
veninig  for  their  interest  in  the  said  barque,  alleges  and  articulately  propounds 
as  follows: 
First.  That  the  libellant  is  the  true  and  lawful  owner  of  three-quarter  parts  of 

the  said  barque  Jane,  as  in  the  first  article  of  the  said  libel  is  alleged. 


356  APPENDIX. 

Second.  That  the  respondent  was  the  owner  of  a  quarter  part  of  the  said  barque 
from  some  time  in  the  monlh  of  April,  1842,  until  the  6th  day  of  January,  1844, 
on  which  last  day,  by  a  deed  of  indenture,  he  assigned  all  his  property,  real  and 
personal,  of  whatsoever  name  or  nature  and  wheresoever  situated,  to  George 
Rogers  and  William  Jones,  in  trust  for  the  benefit  of  his  creditors;  and  that  he 
is  not  now,  nor  was  he,  at  the  time  of  filing  the  said  libel,  the  owner  of  a  quarter 
part  of  the  said  barque;  but  that  the  said  quarter  part  has  belonged  to  the  trustees 
aforesaid,  and  could  not  be  employed  without  their  consent,  ever  since  the  date 
of  the  said  assignment,  and  long  before  the  time  of  filing  the  said  libel. 

Third.  That  the  respondent  refused  to  join  in  the  voyage  from  Philadelphia  to 
Rio  Janeiro  and  from  Rio  Janeiro  back  to  Philadelphia,  as  is  alleged  in  the  second 
article  of  the  said  libel,  for  reasons  alleged  in  the  next  preceding  article. 

Fourth.  That  all  and  singular  the  premises  are  true;  in  verification  whereof, 
if  denied,  the  respondent  craves  leave  to  refer  to  the  depositions  and  other  proofs 
to  be  by  him  exhibited  in  this  cause. 

Wheiiefore  the  respondent  prays  that  this  honourable  court  would  be  pleased 
to  pronounce  against  the  libel  aforesaid,  and  to  condemn  the  libellant  in  costs, 
and  otherwise  right  and  justice  to  administer  in  the  premises. 

(Signed)  John  Rogers,  Respondent. 

C.  D.,  Proctor. 

Eastehit  District  of  Pewitstlvawia,  ss. 
Sworn  to  by  the  respondent  before  me. 

Francis  Hopkinsos,  Clerk. 

Libel  by  dissentient  Part-owners  (owning  leas  than  a  moiety)  of  a  Ship,  in  order  to 
obtain  Security;  with  a  Stipulation  thereupon. 

UsiTBD  States  of  America,  Eastern  District  of  Pennstlvania,  ss. 

Term.  18—. 

To  the  Honourable  Archibald  Rand  alt,.  Judge  of  the  District  Court  of  the  United 

States,  in  and  for  the  Eastern  District  of  Pennsylvania. 
The  libel  and  complaint  of  Henry  Davis  and  Louis  Rankin,  of  Philadelphia,  in 
the  district  aforesaid,  merchants,  and  owners  of  one  moiety  of  the  brig  Fanny 
(whereof  James  Green,  of  Philadelphia  aforesaid,  now  is  or  lately  was  master), 
against  the  brig  Fanny,  her  tackle,  apparel  and  furniture,  and  against  the  said 
James  Green,  and  also  against  Joseph  Gray,  of  Philadelphia  aforesaid,  mer- 
chant, and  owner  of  one  moiety  of  the  said  brig,  and  against  all  persons  law- 
fully intervening  for  their  interest  in  the  said  hrig,  in  a  cause  of  possession, 
civil  and  maritime.  And  thereupon  the  said  Henry  Davis  and  Louis  Rankin 
allege  and  articulately  propound  as  follows: 

First.  That  the  libellants  are  the  true  and  lawful  owners  of  one  moiety  of  the 
said  brig  Fanny,  of  the  burthen  of  two  hundred  and  fifty  tons  or  thereabouts, 
which  is  now  lying  at  the  port  of  Philadelphia,  and  that  the  said  moiety  is  worth 
the  sum  of  three  thousand  five  hundred  dollars. 

Second.  That  the  said  Joseph  Gray,  owner  of  another  moiety  of  the  said  brig, 
has  caused  to  be  laden  on  board  the  said  brig  a  cargo  of  flour,  to  be  carried 
therein  to  Callao,  a  foreign  and  distant  port  in  Peru,  and  is  about  to  cause  the 
said  brig  to  be  cleared  at  the  custom-house  for  the  said  port;  that  he  has  con- 
stituted the  said  James  Green  master  of  the  said  brig  for  the  voyage  aforesaid, 
and  that  the  said  James  Green  is  now  making  great  haste  and  preparation  for 
the  entering  upon  and  performance  of  the  said  voyage  and  sailing  from  the  port 
of  Philadelphia  aforesaid. 

Third.  That  the  said  voyage  was  planned,  and  the  said  cargo  taken  on  board  the 
said  brig,  and  the  said  James  Green  constituted  master  of  the  same  for  the  voyage 
aforesaid,  without  consulting  the  libellants,  and  contrary  to  their  express  desires 
often  communicated  to  the  said  Joseph  Gray,  part-owner,  as  aforesaid;  and  that 
the  libellants  now  object  to,  and  dissent  from,  the  said  employment  of  the  said 
brig  on  and  for  the  voyage  aforesaid. 

Fourth.  That  all  and  singular  the  premises  are  true,  and  within  the  admiralty 
and  maritime  jurisdiction  of  this  honourable  court;  in  verification  whereof,  if 


APPENDIX.  357 

denied,  the  libellants  crave  leave  to  refer  to  the  depositions  and  other  proofs  to 
be  by  them  exhibited  in  this  cause. 

Wherefore  the  libellants  pray,  that  process,  in  due  form  of  law,  according  to 
the  course  of  courts  of  admiralty  and  of  this  honourable  court  in  causes  of  admi- 
ralty and  maritime  jurisdiction,  may  issue  against  the  said  brig  Fanny, her  tackle, 
apparel  and  furniture,  wheresoever  the  same  shall  be  found,  and  that  the  said 
James  Green,  master  as  aforesaid,  and  Joseph  Gray,  owner  of  one  moiety  as 
aforesaid,  and  all  persons  having  or  pretending  to  have  any  right,  title  or  interest 
in  the  said  brig,  may  be  cited  to  appear  before  this  honourable  court,  and  to  show 
cause,  why  the  said  James  Green  should  not  be  restrained  from  proceeding  to 
sea  with  the  said  brig,  until  good  and  sufficient  security  shall  be  given  in  this 
court,  to  the  amount  of  the  value  of  the  moiety  of  the  libellants  therein,  for  the 
return  of  the  said  brig  to  the  said  port  of  Philadelphia,  to  which  she  belongs; 
and  that  this  honourable  court  would  be  pleased  to  pronounce  that  such  security 
shall  be  given  or  the  possession  of  the  said  brig  be  delivered  to  the  libellants, 
and  to  administer  such  other  relief  as  shall  to  law  and  justice  appertain,  and  also 
to  condemn  the  said  James  Green  and  Joseph  Gray  and  all  persons  intervening 
for  their  interest  in  the  said  brig,  in  costs.* 

(Signed)  Hesht  Davis, 

Louis  Rankix 

A.  B.,  Proctor.  Libellants. 
Eastern  District  of  Pennstlvania,  ss.  '^  . 

Sworn  to  by  the  libellants,  before  me. 

Francis  Hopkinson,  Clerk. 

Stipulation  by  a  Part-owner  and  Master  of  a  Skip,  with  Sureties,  on  sending  the 

Ship  to  Sea. 

United  States  of  America,  Eastern  District  of  Pennsylvania,  ss. 

Term,  18—. 

On  this  10th  day  of  May,  1844,  James  Green,  of  Philadelphia,  in  the  district 
aforesaid,  master  of  the  brig  Fanny,  and  Joseph  Gray,  of  Philadelphia  aforesaid, 
merchant,  appear  in  court  and  produce  for  sureties  Jacob  Robertson  and  William 
Jenks,  both  of  Philadelphia  aforesaid,  merchants;  and  the  said  James  Green  and 
Joseph  Gray  as  principals,  and  the  said  Jacob  Robertson  and  William  Jenks  as 
sureties,  submitting  themselves  to  the  jurisdiction  of  this  court,  do  bind  them- 
selves, their  heirs,  executors  and  administrators,  in  the  sum  of  seven  thousand 
dollars,  being  double  the  appraised  value  of  one  moiety  of  the  said  brig,  unto 
Henry  Davis  and  Louis  Rankin,  both  of  Philadelphia  aforesaid,  merchants, 
owners  of  the  said  moiety  of  the  said  brig,  for  the  safe  return  of  the  said  brig  to 
the  port  of  Philadelphia,  being  the  port  to  which  the  same  belongs,  or  to  pay  to 
them  the  amount  of  the  said  moiety  of  the  said  Henry  Davis  and  Louis  Rankin  ; 
and,  unless  they  shall  so  do,  they  do  hereby  severally  consent  that  execution  shall 
issue  forth  agamst  them,  their  heirs,  executors  and  administrators,  goods  and  chat- 
tels, wheresoever  the  same  shall  be  found,  to  the  value  of  the  sum  aforesaid. 

Libel  by  a  Painter,  for  painting  and  furnishing  a  ship,  with  an  Answer. 

United  States  of  America,  Eastern  District  of  Pennsylvania,  ss. 

Term,  18—. 

Tb  the  Honourable  Archibald  Randall,  Judge  of  the  District  Court  of  the  United 
States,  in  and  for  the  Eastern  District  of  Pennsylvania. 

The  libel  and  complaint  of  Matthew  Brown,  of  the  district  aforesaid,  ship-painter, 
against  the  barque  W.  H.  Harrison  (whereof  Thomas  Mason  now  is  or  late  was 
master),  her  tackle,  apparel  and  furniture,  and  also  against  all  persons  lawfully 
intervening  for  their  interest  therein^  in  a  cause  of  contract,  civil  and  maritime. 

*  If  a  sale  of  ihe  ship  be  desired,  a  prayer  to  this  effect  must  be  inserted, 
t  The  commencement  of  this  form  should  be  varied  to  suit  different  cases.   See  notes,  pp.  345, 
351. 


358  APPENDIX. 

And  therenpoQ  the  said  Matthew  Brown  alleges  and  articulately  propounds 

as  follows: 

First.  That  the  said  barque  W.  H.  Harrison,  in  the  month  of  November,  1844, 
being  in  the  port  of  Philadelphia,  within  the  ebb  and  flow  of  the  tide  and  within 
the  admiralty  and  maritime  jurisdiction  of  this  honourable  court,  and  standing  in 
need  of  repairs,  necessaries  and  painting,  in  order  to  render  her  seaworthy  and 
competent  for  her  voyage  to  New  Orleans  and  elsewhere,  the  libellant  did,  at  the 
request  of  the  said  master,  contract  and  undertake  properly  to  repair,  supply  and 
furnish  the  same  by  painting  said  barque,  so  that  she  should  be  competent  for 
such  voyages. 

Second.  That  the  libellant,  during  the  said  month  of  November,  1844,  the  said 
barque  being  within  the  ebb  and  flow  of  the  tide  and  within  the  admiralty  and 
maritime  jurisdiction  of  this  honourable  court, repaired  and  painted  the  said  barque, 
furnishing  her  with  certain  materials,  to  wit,  paints,  oil,  putty.  &c.,  and  labouring 
to  paint  the  said  barque;  the  particulars  of  which  supplies  and  repairs  aforesaid 
will  fully  appear  in  the  account  hereto  annexed,  amounting  in  the  whole  to  the 
sum  of  forty-five  dollars  and  fifty  cents,  of  which  your  libellant  has  received 
twenty-five  dollars,  leaving  a  balance.due  and  unpaid,  of  twenty  dollars  and  fifty 
cents. 

Third.  That  the  above  supplies  and  work  were  necessary  for  the  said  barque, 
and  that  the  said  supplies  were  furnished  and  work  done,  on  the  credit  of  the 
said  barque,  as  well  as  of  the  ownersand  master  thereof. 

Fourth.  That  all  and  singular  the  premises  are  true,  and  within  the  admiralty 
and  maritime  jurisdiction  of  this  honourable  court;  in  verification  whereof,  if 
denied,  the  libellant  craves  leave  to  refer  to  the  depositions  and  other  proofs  to 
be  by  him  exhibited  in  this  cause. 

Wherefohe  the  libellant  prays,  that  process,  in  due  form  of  law,  according  to 
the  course  of  courts  of  admiralty  and  of  this  honourable  court  in  cases  of  admi- 
ralty and  maritime  jurisdiction,  may  issue  against  the  said  barque,  her  tackle, 
apparel  and  furniture,  wheresoever  the  same  mat/  be  found,-  and  that  all  persons 
having  or  pretending  to  have  any  right,  title,  or  interest  therein,  may  be  cited  to  appear 
and  answer  all  and  singular  the  matters  so  articulately  propounded;  and  that 
this  honourable  court  would  be  pleased  to  pronounce  for  the  claim  or  damages 
aforesaid,  and  to  decree  such  other  relief  to  the  libellant.  as  shall  to  law  and  justice 
appertain,  and  also  to  condemn  the  said  barque  VV.  H.  Harrison,  her  tackle,  apparel 
and  furniture,  and  all  persons  intervening  therefor,  in  costs.* 

(Signed)  Matthkw  Browjt,  Libellant. 

A.  B.,  Proctor. 

Eastern  District  of  Pennstlvawia,  ss.  . 

Sworn  to  by  the  libellant  before  me. 

Francis  Hofkixson,  Clerk. 

Claim  and  Answer. 

VsiTva  States  of  America,  Eastern  District  of  Pennsylvania,  ss. 

Term,  18—. 

To  the  Honourable  Archibald  Randall,  Judge  of  the  District  Court  of  the  United 
Stales,  in  and  for  the  Eastern  District  of  Pennsylvania. 

And  now  Robert  Moore,  of  the  district  aforesaid,  merchant,  intervening  for  hts 
interest  in  the  barque  W.  H.  Harrison,  appears  before  this  honourable  court,  and 
for  answer  to  the  libel  and  complaint  of  Matthew  Brown,  of  the  district  afore- 
said, ship-painler,  ag'a/ns/  the  said  barque  W.  H.  Harrison,  her  tackle,  apparel  and 
furniture,  and  aho  against  all  persons  intervening  for  their  interest  in  the  said 
barque,^  alleges  and  articulately  propounds  as  follows: 
First.  That  it  is  true  that  the  said  Matthew  Brown  did  contract  and  undertake 

*  The  conclusion  of  this  form  should  be  varied  according  to  the  nature  of  the  proceedins.    See 
note,  p.  346. 
t  The  commencement  of  this  form  should  be  varied  to  suit  other  cases.    See  note,  p.  347. 


APPENDIX.  359 

properly  to  repair,  supply  and  famish  the  same  by  painting  the  said  barque  so 
that  she  should  be  competent  for  her  voyage  to  New  Orleans  and  elsewhere. 

Second.  That  the  libellant,  in  pursuance  of  his  said  contract,  did  pretend  to 
repair  and  paint  the  said  barque,  and  to  furnish  her  with  certain  materials,  to  wit, 
paints,  oil,  putty,  &c.,  and  that  he  received  for  his  services  the  sum  of  twenty- 
five  dollars.  But  the  said  libellant  totally  violated  his  contract  for  the  repair  and 
painting  of  the  said  barque,  and  did  his  work  so  negligently,  and  in  such  an 
unworkmanlike  manner,  that  the  respondent  was  obliged  to  employ  other  work- 
men to  do  over  again  the  same  work  which  the  said  libellant  undertook  to  do, 
for  which  the  respondents  were  obliged  to  pay  them,  and  by  reason  of  which  the 
said  barque  was  prevented  from  sailing  on  her  voyage  am  her  appointed  day,  to 
the  great  damage  and  loss  of  the  respondents. 

Third.  That  all  and  singular  the  premises  are  true ;  in  verification  whereof, 
if  denied,  the  respondent  craves  leave  to  refer  to  the  depositions  and  other  proofs 
to  be  by  him  exhibited  in  this  cause. 

Wheuefore  the  respondent  prays  that  this  honourable  court  would  be  pleased 
to  pronounce  against  the  libel  aforesaid,  awrf  to  decree  a  restoration  nf  the  said 
bargtte  to  the  respondent,  and  to  condemn  the  libellant  in  costs,  and  otherwise  right 
and  justice  to  administer  in  the  premises. 

(Signed)  Robekt  Moore,  Respondent. 

C.  D.,  Proctor. 
Eastern  District  of  Pensstlvawia,  ss.  . 

Sworn  to  by  the  respondent  before  me.  , 

FRAifcis  HopKiNsoiT,  Clerk. 

Libel  in  a  Cause  of  Salvage,  with  a  Claim  and  Answer. 

UxiTED  States  of  America,  Eastern  District  of  Peusstltania,  ss. 

Term,  18—. 

To  the  Honourable  Archibaid  Randall,  Judge  of  the  District  Court  of  the  United 

States,  in  and  for  the  Eastern  District  of  Pennsylvania. 
The  libel  andcomplaint  of  Edward  Dale,  of  Philadelphia,  in  the  district  aforesaid, 
master  and  owner  of  the  sloop  Red  Rover,  and  of  John  Colton,of  Wilmington, 
in  the  Stale  of  Delaware,  the  master  and  owner  of  the  sloop  Jenny  Dean,  and 
of  the  respective  crews  of  the  said  sloops,  against  the  ship  Ocloraru  {whereof 
George  Walters  now  is  or  lately  was  master),  her  tackle,  apparel  and  furniture,  arid 
all  and  singular  the  goods,  wares  and  merchandises  now  or  late  on  board  the  said 
ship,*  in  a  cause  of  salvage,  civil  and  maritime.  And  thereupon  the  said  Ed- 
ward Dale,  John  Colton,and  the  respective  crews  of  the  sloops  aforesaid,  allege 
and  articulately  propound  as  follows : 

First.  That  on  Saturday,  the  10th  day  of  December  last,  the  said  sloop  called 
the  Red  Rover,  of  the  burthen  of  ninety  tons,  or  thereabouts,  (whereof  the  said 
Edward  Dale  was  master  and  owner,)  sailed  from  Philadelphia  aforesaid,  bound 
to  Boston,  and  that  the  said  sloop  was  manned  with  a  crew  of  seven  men,  exclu- 
sive of  the  said  Edward  Dale,  and  fully  and  completely  equipped  and  set  forth 
for  the  said  voyage.  And  that  on  Sunday,  the  11th  day  of  the  said  month  of  De- 
cember, the  said  sloop  called  the  Jenny  Dean,  of  the  burthen  of  one  hundred  tons, 
or  thereabouts,  (whereof  the  said  John  Colton  was  master  and  owner,)  sailed 
from  Wilmington  aforesaid,  bound  to  Portland;  and  that  the  said  sloop  last 
mentioned  was  likewise  manned  with  a  crew  of  seven  men,  exclusive  of  the  said 
John  Colton,  and  fully  and  completely  equipped  and  set  forth  for  such  voyage. 

Second.  That  between  ten  and  eleven  o'clock  in  the  forenoon  of  the  following 
Wednesday,  to  wit,  the  14th  day  of  December,  (it  blowing  hard  and  the  sea  run- 
ning high,)  the  said  two  sloops  were  in  company  together,  in  the  prosecution  of 
their  aforesaid  voyages,  when  the  said  Edward  Dale  and  John  Colton,  and  their 

respective  mariners  descried  a  ship  in  distress  upon  the sands;  and  that 

both  the  said  sloops  made  for  the  said  ship  i,a  distress,  and  in  about  an  hour  after- 

*  The  commencement  of  this  form  should  be  varied  to  suit  different  cases.  See  notes,  pp. 
346,351. 


360  APPENDIX. 

wards  were  brought  up  near  to  her,  in  order  to  render  to  her  every  possible  assist- 
ance ;  for  which  purpose  the  boats  of  the  said  two  sloops  were  thereupon  hoisted 
out,  and  the  said  Edward  Dale,  with  four  of  his  crew,  and  the  said  John  Colton, 
with  four  of  his  crew,  immediately  proceeded  therein  to,  and  got  on  board  of, 
the  said  ship,  and  which  they  found  lo  be  the  Octorara,  of  Philadelphia,  in  the 
district  aforesaid,  of  the  burthen  of  four  hundred  tons,  or  thereabouts,  (whereof 
George  Walters  was  master,)  having  on  board  a  crew  of  about  twenty  men  and 
two  ladies  passengers,  and  laden  with  a  valuable  cargo  of  hemp,  iron,  and  other 
merchandise,  bound  from  St.  Petersburgh  to  Philadelphia  aforesaid,  being  the 
very  ship  proceeded  against  in  this  cause. 

Third.  That  the  said  ship,  the  Octorara,  was  then  in  a  very  dangerous  situa- 
tion, and  in  great  hazard  of  being  lost,  and  that  the  said  George  Walters,  the 
master,  begged  or  requested  the  aforesaid  Edward  Dale  and  John  Colton,  that 
they,  with  their  sloops  and  crews,  would  assist  and  preserve  the  said  ship  and 
cargo,  or  to  that  effect;  and  that  the  said  ship  and  cargo  were  thereupon  put 
under  the  care  of  them,  the  said  Edward  Dale  and  John  Colton,  who,  with  their 
men,  immediately  set  about  using  their  best  endeavours  to  preserve  the  same. 

Fourth.  That  the  said  Edward  Dale  and  John  Colton,  having  caused  the  boats 
belonging  to  their  respective  sloops,  and  also  two  boats  belonging  to  the  Octorara, 
to  be  made  fast  to  the  said  ship,  and  having  cleared  the  decks  and  set  the  sails 
of  the  said  ship,  in  order,  if  possible,  to  force  her  off  the  said  sand,  they  wailed 
until  about  seven  o'clock  in  the  evening  of  the  said  I4th  day  of  December,  when, 
with  the  help  of  the  tide,  they  got  the  said  ship  off  the  said  sand,  and  brought  her 
up  to  anchor  in  a  fair  channel ;  but,  there  being  a  great  deal  of  sea,  the  said  ship's 
long-boat  was  thereby  stove. 

Fifth.  That  the  said  ship  rode  at  anchor  the  whole  ebb  with  the  wind  blowing 
hard,  and  varying  from  WNW.  to  WSW.;  but  that,  the  said  ship  making  much 
water,  the  pumps  on  board  thereof  were  obliged  to  be  kept  constantly  going,  in 
order  to  keep  her  from  sinking ;  that  the  people  belonging  to  the  said  sloops,  as  well 
as  the  crew  of  the  said  ship,  being  all  thereby  much  fatigued,  and  the  wind  blow- 
ing fresh,  and  the  said  ship  and  cargo  then  still  being  in  great  danger  of  sinking, 

it  was  thought  advisable  to  endeavour  to  get  the  same  into  the  harbour  of , 

that  being  the  nearest  port  of  safety;  and  that  accordingly  about  six  o'clock  of 
thefollowingmorning,  being  Thursday,  the  15ih  day  of  December,  the  said  Edward 
Dale  and  John  Colton  hove  in  the  said  ship,  and  with  much  difScully  and  danger, 
about  seven  o'clock  in  the  evening  of  the  same  day,  got  her  into  the  harbour 
aforesaid,  and  there  brought  her  to  an  anchor,  it  being  too  dangerous  to  attempt 
getting  her  on  shore  that  night,  the  weather  being  thick  and  blowing  hard. 

Sixth.  That  during  the  night  of  the  15th  day  of  December  aforesaid,  it  blew  a 
violent  gale  of  wind,  which  continuing  until  the  morning  of  Saturday,  the  17th  day 
of  December  aforesaid,  the  said  Edward  Dale  and  John  Colton  were  obliged  to 
keep  the  pumps  constantly  going,  in  order  to  save  the  said  ship  from  sinking; 
but  that  about  eight  o'clock  in  the  morning  of  the  said  Saturday,  the  17th  day  of 
December  aforesaid,  the  wind  being  abated,  and  the  tide  answering  to  put  the 
said  ship  on  shore,  they  got  up  her  anchor  and  laid  her  on  shore,  the  said  Edward 
Dale  and  John  Colton  with  their  men  continuing,  however,  on  board  the  said 
ship  and  further  assisting  until  the  night  of  the  next  day,  being  Sunday,  the  18th 
day  of  December  aforesaid,  when  they  left  her  on  shore  in  safety;  having  pre- 
viously, to  wit,  in  the  morning  of  the  day  last  mentioned,  returned  on  board  the 
said  ship  the  goods,  which  it  had  been  necessary  to  take  out  in  order  to  lighten 
her  as  aforesaid. 

Seventh.  That  from  the  time  of  the  said  sloops  going  to  the  assistance  of  the 
said  ship  Octorara  on  the  said  14th  day  of  December  last,  to  the  time  of  her  being 

laid  on  shore  at  the  port  of in  safety  on  the  17th  day  of  (he  same  month,  as 

mentioned  in  the  next  preceding  article,  the  said  sloops  were  constantly  attending 
<he  said  ship,  the  leaky  condition  whereof  made  it  absolutely  necessary  to  keep 
her  pumps  constantly  going,  by  reason  of  the  scarf  or  box  of  her  keel  and  stem 
being  open  an  inch  (and  which  the  party  proponent  doth  allege  could  not  be 
stopped,  until  the  ship  was  laid  on  shore  at  the  port  of );  and  that  the  mas- 
ters and  crews  of  the  said  sloops  used  their  utmost  endeavours  in  preserving  the 
said  ship  and  cargo,  and  the  lives  of  the  crew  of  the  same;  and  that,  in  attending 
to  the  preservation  of  the  said  ship  and  cargo,  the  masters  and  crews  of  the  said 


APPENDIX.  361 

sloops  ran  great  risk,  not  only  of  their  own  lives,  but  also  of  the  loss  of  their 
respective  sloops,  for  that,  in  case  a  storm  had  arisen  before  the  said  ship's  arrival 

in  the  harbour  of ,  neither  of  the  said  sloops  had  sufficient  hands  left  on 

board  to  manage  them  (the  prime  hands  belonging  to  the  sloops  being  all  em- 
ployed on  board  the  Octorara). 

Eighth.  That  on  the  night  of  Thursday,  the  said  16th  day  of  December  last, 
both  the  sloops,  then  lying  near  the  Octorara,  and  the  whole  of  the  crews  of  the 
said  sloops  being  employed  in  pumping  on  board  the  Octorara,  excepting  three 
hands  left  on  board  each  of  the  said  sloops,  the  Red  Rover,  by  the  violence  of  the 
weather  and  the  insufficiency  of  the  people  left  on  board  to  her  preservation,  was 
virtually  driven  on  shore  on beach;  but  did  not  thereby  receive  any  essen- 
tial injury,  owing  to  the  providential  circumstance  of  its  having  happened  in 
harbour,  without  which  the  said  sloop  would  in  all  probability  have  been  lost  or 
destroyed. 

Ninth.  That  without  the  assistance  hereinbefore  pleaded,  the  said  ship  Octorara 

could  not  have  been  saved,  for  that  she  had  been  on sand,  from  about  eight 

o'clock  in  the  evening  of  Tuesday,  the  said  13th  day  of  December  last;  and  that, 
previous  to  the  sloops'  arriving  to  her  assistance,  she  had  been  on  shore  two  ebbs 
and  a  flood,  but  that  such  flood  had  not  lifted  or  floated  the  said  ship ;  and  that,  if 
she  had  continued  on  the  said  sand  until  the  night  of  Thursday,  the  said  1 5th  day 
of  December,  in  the  violent  gale,  which  drove  the  Red  Rover  on  shore  although 
in  harbour,  as  before  alleged,  the  total  loss  of  both  ship  and  cargo  could  not  have 
been  prevented. 

Tenth.  That  whilst  the  said  sloops,  the  Red  Rover  and  the  Jenny  Dean,  were  sail- 
ing towards  the  said  ship  in  distress  on  the sand,  in  the  forenoon  of  the  said 

14th  day  of  December  last,  as  mentioned  in  the  second  article  of  this  libel,  a  boat 
■was  observed  from  the  said  sloops  to  be  making  towards  the  said  ship,  which 
proved  to  be  the  Octorara  libellate;  and  that  such  boat  was  afterwards  found  to 
be  one  of  the  boats  belonging  to  the  said  ship  Octorara,  which  had  quitted  and 
left  the  said  ship,  with  the  master,  two  ladies  passengers,  and  four  of  the  crew, 
for  personal  preservation,  by  endeavouring  to  make  the  shore ;  but  which  boat 
returned  to  the  said  ship  in  consequence  of  the  persons  therein  perceiving  the 
sloops  making  to  their  assistance.  And  several  of  the  crew  of  the  said  ship  Octo- 
rara, who  remained  on  board  after  the  master  and  others  had  quitted  her  as  afore- 
said, declared  to  the  persons  belonging  to  the  sloops,  that  they  should  all  have 
likewise  left  the  said  ship,  if  the  said  sloops  had  not  come  to  their  assistance,  or 
to  that  effect. 

Eleventh.  That  the  said  Edward  Dale,  the  master  and  owner  of  the  sloop  called 
the  Red  Rover,  and  the  said  John  Colton,  the  master  and  owner  of  the  sloop  called 
the  Jenny  Dean,  and  the  respective  crews  of  the  said  sloops,  by  reason  of  the 
risk  and  hazard  they  ran,  and  the  service  they  performed  in  saving  the  said  ship 
Octorara  and  her  cargo,  deserve,  and  are  justly  entitled  to,  meet  and  competent 
salvage  for  such  service,  and  to  so  much  as  has  been,  and  is  actually  allotted  by 
this  court  to  persons  doing  and  performing  the  like  service,  together  with  all 
charges  and  expenses  attending  the  same. 

Twelfth.  That  all  and  singular  the  premises  are  true,  and  within  the  admiralty 
and  maritime  jurisdiction  of  this  honourable  court;  in  verification  whereof,  if 
denied,  the  libellants  crave  leave  to  refer  to  the  depositions  and  other  proofs  to 
be  by  them  exhibited  in  this  cause. 

Whehefore  the  libellants  pray  that  process,  in  due  form  of  law,  according  to 
the  course  of  courts  of  admiralty  and  of  this  honourable  court  in  cases  of  admi- 
ralty and  maritime  jurisdiction,  may  issue  against  the  ship  Octorara,  her  tackle, 
apparel  and  furniture,  and  against  the  cargo  laden  therein,  wheresover  the  same  shall 
be  found,  aiid  that  all  persons  having  or  pretending  to  have  any  right,  title  or  interest 
in  the  said  ship  and  cargo  may  be  cited  to  appear  and  answer  upon  oath  all  and  sin- 
gular the  matters  so  articulately  propounded;  and  that  this  honourable  court 
would  be  pleased  to  decree  such  a  sum  of  money,  or  proportion  of  the  value  of 
the  said  ship  Octorara  and  her  cargo,  to  be  due  to  the  libellants,  as  a  compensation 
for  their  said  salvage  services,  as  shall  seem  meet  andreasonable,  together  with 
iheir  expenses  in  this  behalf  sustained,  and  to  condemn  the  said  ship,  her  tofikle, 
apparel  and  furniture,  and  the  cargo  laden  therein,  and  all  persons  intervening  for 

2f 


362  APPENDIX. 

their  interest  in  the  said  ship,*  in  costs,  and  otherwise  right  and  justice  to  admi* 
nister  in  the  premises.  (Signed)  Edward  Dale, 

John  CoLTOif, 
for  themselves  and  the  respective  crews  of  the 

shops  the  Red  Rover  and  the  Jenny  Dean. 
A.  B.,  Proctor. 

Eastern  District  or  Pknnstltanta,  ss.  . 

Sworn  to  by  the  said  Edward  Dale  and  John  Colton  before  me. 

Francis  Hopkihsok,  Clerk. 

Claim  and  Answer  by  the  Oumer  of  the  Cargo.\ 
UsiT«D  States  of  America,  Eastern  District  of  PENNSTivAxiA,  ss. 

Term,  18—. 

To  the  Honourable  Archibald  Randall,  Judge  of  the  District  Court  of  the  United 

States,  in  and  for  the  Eastern  District  of  Pennsylvania. 
And  now  George  Powell,  of  Philadelphia,  in  the  district  aforesaid,  merchant, 
intervening  for  his  interest  in  the  cargo  on  board  the  ship  Octorara,  appears  before 
this  honourable  court,  and  claims  the  said  cargo  as  his  property,  and  for  answer 
to  the  libel  and  complaint  of  Edward  Dale,  of  Philadelphia  aforesaid, master  and 
owner  of  the  sloop  called  the  Red  Rover,  and  of  John  Colton,  of  Wilmington,  in 
the  state  of  Delaware,  master  and  owner  of  the  sloop  called  the  Jenny  Dean,  and 
of  the  respective  crews  of  the  said  sloops,  against  the  said  ship  Octorara,  her 
tackle,  apparel  and  furniture,  and  against  all  and  singular  the  goods,  wares  and 
merchandises  now  or  late  on  board  the  said  ship, \  alleges  and  articulately  pro- 
pounds as  follows: 

First.  That  the  respondent  is  the  true  and  lawful  owner  of  the  cargo  now  on 
board  the  said  ship  Octorara,  consisting  of  300  tons  of  iron,  200  tons  of  hemp, 
1000  bolts  of  canvas  and  150  bales  linen  goods,  and  which  he  alleges  to  be  the 
same  goods,  wares  and  merchandises  proceeded  against  by  the  libellants  in  the 
present  cause. 

Second.  That  the  respondent,  admitting  all  and  singular  the  matters  alleged  in 
the  libel  to  be  true,  as  therein  alleged,  nevertheless  further  alleges  and  propounds, 
that  the  libellants,  all  and  singular, do  not  deserve  and  are  not  entitled  to  salvage, 
because  on  a  day  unknown  to  the  respondent,  but  since  the  arrival  of  the  said 
ship  Octorara  and  her  cargo  in  the  port  of  Philadelphia  aforesaid,  they  have  tor- 
tiously  converted  to  their  own  use  and  embezzled  certain  of  the  goods,  wares  and 
merchandise  aforesaid,  and  which  were  by  them  salved,  to  wit,  150  bolts  of  can- 
ras  and  25  bales  of  linen  goods,  which,  after  the  arrival  of  the  said  ship  at  Phila- 
delphia as  aforesaid,  they  caused  to  be  taken  from  her  secretly  and  covertly,  and 
without  the  knowledge  of  any  party  in  interest,  and  conveyed  to  a  store  or  ware- 
house in  Philadelphia  aforesaid,  there  to  be  sold  on  their  own  account. 

Third.  That  in  consideration  of  the  premises,  each  and  all  of  the  libellants 
have  forfeited  all  claim  and  title  to  compensation  out  of  the  cargo  aforesaid  or 
from  the  owner  thereof  for  the  salvage  services  alleged  in  the  libel  aforesaid,  and 
that  accordingly  this  honourable  court  ought  not  to  decree  such  compensation. 

Fourth.  That  all  and  singular  the  premises  are  true;  in  verification  whereof, 
if  denied,  the  respondent  craves  leave  to  refer  to  the  depositions  and  other  proofs 
to  be  by  him  exhibited  in  this  cause. 

Wherefore  the  respondent  prays,  that  this  honourable  court  would  be  pleased 
to  pronounce  against  the  libel  aforesaid,  and  to  decree  a  restitution  of  the  said  goods, 
wares  and  merchandises,  to  the  respondent,  and  to  condemn  the  libellants  in  costs, 
and  otherwise  right  and  justice  to  administer  in  the  premises. 

(Signed)  George  Powell,  Respondent. 

C.  D.,  Proctor. 

Eastern  District  of  Pennstltania,  ss.  . 

Sworn  to  by  the  said  George  Powell  before  me. 

Fhascis  Hofkinson,  Clerk. 

*  The  latter  part  of  ihis  libel  should  be  varied  according  lo  the  nature  of  the  proceeding.    See 
note,  p.  346. 
t  iV  claim  and  answer  should  also  be  put  in  by  the  owner  of  the  ship. 
t  The  comoiencement  of  this  form  should  be  varied  to  suit  other  cases.    See  note,  p.  347. 


TREGO'S    PENNSYLVANIA. 

E.  C.  &  J.  BIDDLE,  No.  6  South  Fifth  street,  Philadelphia,  have  published  a 
Geography  of  Pennsylvania,  containing  an  account  of  the  History,  Geographical 
Features,  Soil,  Climate,  Geology,  Botany,  Zoology,  Population,  Education,  Go- 
vernment, Finances,  Productions,  Trade,  Railroads,  Canals,  &c.,  of  the  State; 
also,  a  particular  description  of  each  County,  embracing  its  Geographical  Fea- 
tures, Geological  Character,  Mineral  Products,  Soil,  Streams,  Towns  and  Villages, 
Productions,  Canals,  Railroads,  Turnpikes,  Bridges,  Assessed  Value  of  Property, 
State  of  Education,  Colleges,  Academies,  Religious  Denominations,  Natural  Cu- 
riosities, and  a  Historical  Sketch  of  its  Early  Settlement.  To  which  is  appended 
a  Traveller's  Guide,  or  Table  of  Distances  on  the  principal  Railroads,  Canal  and 
Stage  Routes  in  the  State;  and  a  list  of  the  Congressional,  Senatorial  and  Repre- 
sentative Districts.  By  Charles  B.  Trego,  Member  of  the  House  of  Representa- 
tives of  Pennsylvania,  from  the  city  of  Philadelphia;  late  Assistant  State  Geo- 
logist; Member  of  the  American  Philosophical  Society;  of  the  Association  of 
American  Geologists  and  Naturalists,  «&c.  «&c.  Illustrated  by  a  Coloured  Map 
of  the  State,  and  numerous  wood  Engravings. 

0::^  Price  of  fine  edition^  in  sheep  or  roan  binding,  with  routes  of  Railroads  and 
Canals  marked  by  coloured  lines  on  the  Map,  87^  cents.  Price  of  school  edition, 
half  bound,  morocco  backs  and  paper  sides,  62^  cents. 

From  His  Excellency,  F.  R.  Shunk,  Governor  of  the  Commonwealth,  late  Secretary  of  the 
Commonwealth,  and  Superintendent  of  Common  Schools  in  Pennsylvania. 

Mr.  Edward  C.  Biddle,  Pittsburgh,  December  19,  1843. 

Dear  Sir, — The  Geography  of  Pennsylvania,  by  my  friend  Charles  B.  Trego, 
Esq.,  is  an  invaluable  medium  of  spreading  over  the  commonwealth  apt  know- 
ledge of  her  immense  resources  and  improvements,  of  the  character  of  her  people, 
and  of  her  civil,  religious,  literary  and  charitable  institutions. 

Our  citizens  and  our  youth  have  been  too  long  dependent  upon  our  neighbours 
for  the  Geography  of  our  State.  Mr.  Trego  has,  most  happily,  made  a  Pennsyl- 
vania Book  out  of  the  description  of  Pennsylvania,  and  embodied  in  it  that 
essential  knowledge  which  children  should  be  taught  as  soon  as  they  are  capable 
of  loving  the  fatherland,  and  of  apprehending  its  length  and  its  breadth,  its  value 
and  its  resources,  and  all  that  varied  information  which  must  be  acquired  to 
form  a  correct  estimate  of  the  Stale  and  her  inhabitants,  and  of  her  just  claim  to 
an  elevated  rank  among  her  sister  States. 

The  introduction  of  this  invaluable  book  into  our  Common  Schools,  and  other 
Seminaries  of  learning,  will  form  an  era  in  our  history,  from  which  we  may  date 
a  more  enlarged  and  generous  attachment  to  our  highly-favoured  Commonwealth. 
I  am  yours,  respectfully,  FRANCIS  R.  SHUNK. 

From  the  Hon.  Henry  A.  Muhlenburg,  late  Minister  from  the  United  States  at  the  Court 

of  Vienna. 

E.  C.  BiiiDLE,  Esa.,  Reading,  Oct.  19,  1843. 

Dear  Sir, — I  have  examined  Mr.  Trego's  Geography  of  Pennsylvania,  of  which 
you  were  so  kind  as  to  send  me  a  copy,  and  am  greatly  delighted  with  it.  It 
contains  much  valuable  information  carefully  condensed  and  well  arranged.  Of 
course  it  cannot  fail  to  be  eminently  useful  to  every  class  of  our  citizens,  as  well 
as  to  foreigners  who  may  desire  minute  and  accurate  information  as  to  the  insti- 
tutions, the  present  situation,  character  and  immense  resources  of  our  State;  as 
well  as  to  her  future  prospects  and  capacity  to  extricate  herself  from  apparent 
difficulties,  and  again  to  stand  honoured  and  respected  before  her  sister  states 
and  the  world.  It  is  a  work  which  has  long  been  wanted.  Its  appearance  at  a 
time  when  our  noble  commonwealth  expects  every  man  to  do  his  duty  in  order 
to  sustain  her  character,  cannot  but  entitle  the  author  and  publisher  to  the 
warmest  gratitude  of  all  who  take  an  interest  in  her  welfare.  That  it  may  shortly 
be  found  in  every  school,  in  every  family  in  the  state,  in  the  hands  of  every 
foreign  traveller,  and  thus  yield  to  author  and  publisher,  besides  the  pleasing  con- 


i 


I 


ADVERTISEMENT. 

viclion  of  having  performed  a  noble  duty,  a  justly  merited  reward  for  the  care 
and  labour  bestowed  to  make  the  work  worthy  of  the  subject,  is  the  arderil  wish 
of  your  friend  and  obedient  servant,  HENRY  A.  MUHLENBURG. 

From  the  Hon.  A.  V.  Parsons,  Judge  of  the  Court  of  Common  Pleas,  late  Secretary  of  the 
Commonwealth  and  Superintendent  of  Common  Schools. 

Mr.  Edward  C.  Biddle,  Philadelphia,  Sept.  18,  1843. 

Sir, — I  have  examined  with  attention  a  Geography  of  Pennsylvania,  by  Charles 
B.  Trego,  Esq.,  which  you  have  published.  It  is,  in  my  opinion,  a  book  which  ought 
to  be  in  every  family  in  Pennsylvania,  for  its  usefulness  as  a  reference,  if  to 
answer  no  other  purpose ;  and  I  trust  it  will  be  introduced  into  all  the  schools 
throughout  the  state. 

It  is  a  work  that  was  much  needed  in  the  commonwealth;  and  I  think  the 
author  has  very  happily  arranged  the  various  subjects  which  ought  to  be  known 
to  every  Pennsylvanian,  and  to  the  world,  relative  to  the  Geographical  Features, 
Soil,  Climate,  Geology,  Botany,  Zoology,  Population,  Education,  Government, 
Finances,  Productions,  Raili^ds  and  Canals  of  our  State. 

It  is  a  lamentable  truth,  that  too  Utile  has  been  known  of  the  Geography  and 
Resources  of  this  State,  which,  at  no  distant  period,  is  destined  to  hold  the  first 
rank  in  the  Union.  The  large  amount  of  valuable  information,  well  condensed 
in  this  work,  cannot  fail  to  do  great  good  by  dififusing  a  proper  knowledge  of 
much  that  is  interesting  and  valuable  within  our  boundaries. 

I  sincerely  hope  this  excellent  Geography  will  be  universally  circulated  and 
read.  I  am,  with  respect,  yours,  &c.,  A.  V.  PARSONS. 

From  Thaddeiis  Stevens,  Esq.,  late  Member  of  the  House  of  Representatives  of  Penn- 
sylvania. 

""  Lancaster,  Oct.  28,  1843. 

Dear  Sir, — I  have  carefully  examined  the  Geography  of  Pennsylvania,  by 
Charles  B.  Trego,  Esq.     It  is  full  of  accurate  information  on  useful  and  interest- 
#  A     ing  subjects.     Mr.  Trego  is  well  qualified  for  the  task  which  he  has  so  ably  per- 
formed, both  by  scientific  knowledge,  practical  acquaintance  with  facts,  and  a 
sound,  discriminating  judgment. 
The  work  cannot  fail  of  being  useful  to  all  classes.    It  is  an  admirable  school 
^       book;  and, it  is  to  be  hoped,  may  be  introduced  into  all  our  common  schools  ;  and 
that  such  school  districts  may  embrace  every  inch  of  territory  within  the  com- 
mon"wealth.  With  great  respect,  your  obd.  servt., 

Edward  C.  Biddle,  Esa-  THADDEUS  STEVENS. 

From  Judge  Richards,  of  Berks  County. 
Edward  C.  Biddlk,  Esa-,  Reading,  Oct.  20,  1843. 

Dear  Sir, — An  examination  of  the  Geography  of  Pennsylvania  by  Mr.  Trego, 
which  I  received  through  your  kindness,  has  given  me  much  pleasure.  The 
great  amount  of  interesting  and  valuable  knowledge  brought  to  view,  especially 
that  in  relation  to  the  mineral  and  other  great  resources  of  our  Slate,  cannot  but 
be  gratifying  to  a  Pennsylvanian. 

From  the  mettiod  in  the  arrangement  of  the  various  subjects  of  which  it  treats, 
the  work  is  peculiarly  adapted  to  become  useful,  and  ought  to  be  in  the  hands  of 
every  one.     It  is  every  way  worthy  the  patronage  of  a  discerning  public. 

Accept  assurances  of  respect,  M.  S.  RICHARDS. 

From  the  Harrisburg  Argus. 
We  confess,  when  we  cast  our  eye  over  the  variety  of  subjects  which  the 
author  proposed  to  discuss,  we  expected,  notwithstanding  his  known  ability,  to 
meet  with  a  series  of  remarks  necessarily  so  general  as  to  afford  little  either  of 
pleasure  or  profit  to  any  one.  But,  on  a  perusal  of  the  work,  we  have  been  most 
agreeably  disappointed,  and  find  the  very  opposite  of  what  we  had  anticipated. 
Every  article  exhibits  traces  of  the  abundant  care  and  extensive  research  the 
author  must  have  employed:  and  contains  a  mass  of  information  of  the  mo<?t 
definite  and  satisfactory  description:  so  much  so,  that  we  are  at  a  loss  which  to 
admire  most,  the  unbounded  acquaintance  the  author  evinces  with  the  various 
branches  of  his  subject,  or  his  power  of  expressing  his  ideas  in  so  conspicuous 
a  manner  within  such  narrow  limits. 


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